Sontag v. Ude
Missouri Court of Appeals
Appeal from St. Louis . City Circuit Court. — Eon. Daniel D. Fisher, Judge. (1) (a) A physician cannot be held for an honest error of judgment, a mistake in matters of doubt, or an uncertainty. Core v. Brockman, 138 Mo. App. 231; Hales v. Raines, 146 Mo. App. 232, 245. (b) Where a physician uses a recognized system of treatment he is not negligent. McClarin v. Crenzfelder, 147 Mo.
Read the full summary
Appeal from St. Louis . City Circuit Court. — Eon. Daniel D. Fisher, Judge. (1) (a) A physician cannot be held for an honest error of judgment, a mistake in matters of doubt, or an uncertainty. Core v. Brockman, 138 Mo. App. 231; Hales v. Raines, 146 Mo. App. 232, 245. (b) Where a physician uses a recognized system of treatment he is not negligent. McClarin v. Crenzfelder, 147 Mo. App. 478, 488. (2) Plaintiff’s first instruction is error, because — (a) It places .too great a burden upon defendant. Spain v. Burch, 169 Mo. App. 94. (6) It is too general; it allows the jury to speculate upon the…
1Opinion of the CourtReynolds, P. J.
The action in this case is by the father against the defendant for damages for the death of his son, an infant about thirteen months of age at the time of his death, the mother dead.
The petition upon which the case was tried, averring that defendant is a physician and surgeon and as such engaged in the practice of medicine and surgery, avers that the infant son of plaintiff, then about ten months old, became sick about February T4,1911, with bronchial pneumonia, and plaintiff employed defend*621ant to attend and treat the infant and to render him such medical and surgical aid, treatment and…
2Cases cited2 opinions
- Wheeler v. BowlesSupreme Court of Missouri · 1901
- Fields v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1913
3Cited by8 opinions
- Williams v. ChamberlainSupreme Court of Missouri · 1958
- Hart v. SteeleSupreme Court of Missouri · 1967
- Fisher v. WilkinsonSupreme Court of Missouri · 1964
- Odum v. CejasMissouri Court of Appeals · 1974
- Rauschelbach v. BenincasaSupreme Court of Missouri · 1963
3 more not listed; retrieve them via the Exa API.