Marshall v. Bellin

The facts giving rise to the issue are not disputed. Only the plaintiff and a physical therapist testified. Marie Brown suffered a fracture of her ankle on March 28, 1959, and was taken to the Appleton Memorial Hospital where her personal physician Dr. James Laird called in the plaintiff, an orthopedic surgeon, to treat her. The plaintiff gave Marie Brown emergency treatment but since she was under sedation did not discuss with her the payment of any bill for his services which she would incur. The next day the plaintiff talked to the defendant in the hall outside Marie Brown’s hospital room…