Barbour v. Martin
Supreme Judicial Court of Maine
On exceptions to tbe ruling of tbe justice of tbe superior court. Case, brought by an administrator to recover damages of a physician for malpractice in a case of obstetrics. The plaintiff alleged as one of the grounds of action that the defendant left the intestate on Tuesday, while she was sick, and went to Bangor, where he remained three days, during which time, viz., Wednesday night, she was delivered of a child, being attended by other physicians, and died.
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On exceptions to tbe ruling of tbe justice of tbe superior court. Case, brought by an administrator to recover damages of a physician for malpractice in a case of obstetrics. The plaintiff alleged as one of the grounds of action that the defendant left the intestate on Tuesday, while she was sick, and went to Bangor, where he remained three days, during which time, viz., Wednesday night, she was delivered of a child, being attended by other physicians, and died. The plaintiff asserted that Dr. Martin did not inform the deceased of his intended absence, nor did any of her family have any idea…
1Opinion of the CourtDanforts, J.
From the exceptions in this case, it appears that one of the causes of complaint against the defendant, is an alleged abandonment of his patient without notice, while the attention of *539a physician was still necessary. It does not appear that he undertook to attend through the sickness, or for any specified time. It may be conceded then, that he might leave his patient at any time he might choose to do so, that choice being governed by the circumstances of the case, and exercised in a reasonable manner. "When a physician is called to a patient and attends, nothing being said as to the time, it…
2Cited by9 opinions
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- Ricks v. BudgeUtah Supreme Court · 1937
- Young v. JordanWest Virginia Supreme Court · 1928
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