Vonault v. O'Rourke

This is an appeal from a judgment of the district court of Deer Lodge county in a malpractice action prosecuted by Alice Vonault against Dr. J. L. O’Rourke. Judgment for $2,200 was entered after verdict of the jury. New trial was denied and appeal taken to this court.

About the 1st of June, 1931, plaintiff consulted defendant as to her physical condition and was by him advised that she was afflicted with fibroid tumor and diseased appendix. Defendant recommended an operation for her relief. On June 4 it was agreed that the operation should be performed the next morning. The defendant told…