Whitson v. Hillis

Birdzell, Ch. J.

This is an action to recover damages for alleged malpractice. In the trial court the plaintiff had judgment and the defendant appeals. In the complaint it is alleged that on the first day of January, 1925, the plaintiff sustained a fracture of his right leg just above the ankle joint, and the defendant was called to attend him. The charges of negligence are that in attempting to diagnose and treat the fracture the plaintiff negligently and carelessly failed to correctly diagnose and ascertain the nature of,the injury; that he diagnosed the injury as a fracture of the smaller…