Samuels v. Willis
Court of Appeals of Kentucky
Appeal from Barren Circuit Court. George W. Stone, Special Judge. Judgment for plaintiff, defendant appeals. POINTS AND AUTHORITIES. 1. There is absolutely not a scintilla of evidence that the appellant cut any of the intestines of the patient during the operation, or at any time; hence instruction No\ 4 ought to have been given. 2. The surgeon w.as only bound -to possess and use that care and skill which surgeons of ordinary .skill possess who practice in similar…
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Appeal from Barren Circuit Court. George W. Stone, Special Judge. Judgment for plaintiff, defendant appeals. POINTS AND AUTHORITIES. 1. There is absolutely not a scintilla of evidence that the appellant cut any of the intestines of the patient during the operation, or at any time; hence instruction No\ 4 ought to have been given. 2. The surgeon w.as only bound -to possess and use that care and skill which surgeons of ordinary .skill possess who practice in similar localities. (Burk v. Poster, 24 Ky. Law Rep. 794.) 3. Negligence is a .relative term, and must be 'determined by the facts of each…
1Opinion of the Court
Opinion op the Court by
Judge O’Rear.
Affirming.
Appellant is a surgeon of many years’ experience in performing abdominal operations. His office and residence at Louisville. He was called to Glasgow Junction to operate on appellee for ovaritis. Appellee had been very sick for some months, and, the local doctors advising the operation and recommending appellant, she decided to have him do the work. He sent down a trained nurse and followed next day with a medical student as assistant. Several doctors of the neighborhood came in to witness the operation. After the patient had been put under the…
2Cited by23 opinions
- Barnett's Administrator v. BrandCourt of Appeals of Kentucky · 1915
- Stacy v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1934
- Beiser v. Cin., N. O. & T. P. Ry. Co.Court of Appeals of Kentucky · 1913
- Butts v. WattsCourt of Appeals of Kentucky (pre-1976) · 1956
- Butler v. RuleArizona Supreme Court · 1926
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