Hinkle v. Smith

The evidence authorized a finding that the plaintiff had been damaged by reason of unskilful surgical treatment by the defendant. Even if the instructions of the court to the jury which are complained of could be construed as submitting to the jury the issue, as to whether the defendant possessed reasonable surgical skill, they were not erroneous. The jury being authorized to find that the defendant failed to exercise a reasonable degree of care and skill, it is wholly immaterial whether the injury to the plaintiff resulted because the defendant did not possess reasonable skill as a surgeon,…