Mayo v. Wright
Michigan Supreme Court
Error to Kent. (Montgomery, J.) Case. Defendant brings error. The facts are stated in the opinion. An action may be maintained against a physician and surgeon for an injury resulting to his patient, either from gross ignorance and want of skill, or from his negligence in treatment; and the two elements need not concur-. Wood, Master and Servant, 341. To charge a physician or surgeon with damages on the ground of unskillful or negligent treatment, it is not enough to show…
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Error to Kent. (Montgomery, J.) Case. Defendant brings error. The facts are stated in the opinion. An action may be maintained against a physician and surgeon for an injury resulting to his patient, either from gross ignorance and want of skill, or from his negligence in treatment; and the two elements need not concur-. Wood, Master and Servant, 341. To charge a physician or surgeon with damages on the ground of unskillful or negligent treatment, it is not enough to show that the mode of treatment was not that which, in the opinion of othérs, even medical men, the case required, but the party…
1Opinion of the Court
Champlín, J.
The defendant is a physician and surgeon practicing his profession at Corinth, in the county of Kent.
In October, 1882, the plaintiff was engaged in felling a tree, which, in falling, split at the butt, darted back, and caught plaintiff’s right leg between the knee and the .ankle, and fractured both bones at about the junction of the middle and lower third, so that both bones protruded through the skin. The soft tissues were torn, and the leg scraped both above and below the wound where the bones protruded. The calf of the leg, a little above the point of fracture, was scraped, and…
2Cases cited2 opinions
- Hyatt v. AdamsMichigan Supreme Court · 1867
- Hanselman v. CarstensMichigan Supreme Court · 1886
3Cited by28 opinions
- Miller v. TolesMichigan Supreme Court · 1914
- Brewer v. RingSupreme Court of North Carolina · 1919
- Jones v. President of PortlandMichigan Supreme Court · 1891
- Schumacher v. Murray HospitalMontana Supreme Court · 1920
- Strudgeon v. Village of Sand BeachMichigan Supreme Court · 1895
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