Patten v. Wiggin
Supreme Judicial Court of Maine
Action, assumpsit on account annexed. One portion of the account is for professional services as a physician, in attendance on defendant’s minor son.
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Action, assumpsit on account annexed. One portion of the account is for professional services as a physician, in attendance on defendant’s minor son. The defence to this portion of the claim was malpractice in the treatment of the patient, and such ignorance, want of skill and judgment on the part of the plaintiff in managing professionally the case under his care, that the patient was more injured than benefitted by his treatment, and that on the whole case he was not reasonably entitled to recover anything for his services. Evidence was introduced on both sides as to such treatment and…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, C. J.
The instructions given were correct. Indeed, the propriety of most of them is not controverted. A plaintiff, in a suit against a physician for malpractice, must prove "that the defendant assumed the character and undertook to act as a physician, without the education, knowledge and skill which entitled him to act in that capacity ; that is, he must show that he had not reasonable or ordinary skill; or, he is bound to prove, in the same way, that having such knowledge and skill, he neglected to apply them with such care and diligence, as,…
2Cited by34 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Dashiell v. GriffithCourt of Appeals of Maryland · 1896
- Kuhn v. BrownfieldWest Virginia Supreme Court · 1890
- Janssen v. MulderMichigan Supreme Court · 1925
- Swanson v. HoodWashington Supreme Court · 1918
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