Grace Fisher Brown v. John F. Keaveny

The court finds that the patient’s claim founders on the wall of protection with which the law surrounds the doctor. I would hold that the jury should have been permitted to decide whether an inference of negligence should be drawn from the fact that, in removing her tooth, the doctor fractured her jaw.

The law of malpractice is clearly defined in most jurisdictions as it is here. Before the plaintiff-patient can recover, he must show that his injury resulted from his doctor’s failure to exercise that degree of care and skill exercised by a doetor practicing the same speciality in his…