Walsh v. Sayre
The Superior Court of New York City
The action is brought against the defendant, who is a surgeon, to recover damages for an alleged unskillful operation performed by him on the body of the plaintiff, who is a child of about seven years of age.
Read the full summary
The action is brought against the defendant, who is a surgeon, to recover damages for an alleged unskillful operation performed by him on the body of the plaintiff, who is a child of about seven years of age. The complaint alleges that the defendant was employed, in his capacity as surgeon, to treat the plaintiff for a swelling and injury in the neighborhood of one of her hips; that he performed an operation on the person of the plaintiff, but did it so negligently and unskillfully as to puncture the joint of the plaintiff, causing the synovial fluid which lubricates the cartilaginous surface…
1Opinion of the CourtJones, J.
The question whether a surgical operation has been unskillfully performed or not is one of science, and is to be determined by the testimony of skillful surgeons as to their opinion, founded either wholly on an examination of the part operated, or partly on such examination and partly on information derived from the patient; or, partly on such examination, partly on such information, and partly on facts conceded or proved at the trial; or, partly on such examination and partly on facts conceded or proved at the trial.
The present action is brought on the faith of the expressed opinion of…
2Cases cited2 opinions
- Devanbagh v. DevanbaghNew York Court of Chancery · 1836
- State v. . GarrettSupreme Court of North Carolina · 1874
3Cited by10 opinions
- White v. Milwaukee City Railway Co.Wisconsin Supreme Court · 1884
- McQuigan v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
- Richmond & Danville Railroad v. ChildressSupreme Court of Georgia · 1889
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- May v. Northern Pacific Railway Co.Montana Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.