Hyatt v. Adams
Michigan Supreme Court
Error to St. Joseph Circuit. This was an action on the case to recover damages sustained by plaintiff by reason of mal-practice, and gross - negligence of defendant in the exercise of his profession as a surgeon, while in attendance upon plaintiff’s wife; and by reason of which she died. The declaration alleged the loss of service, and the comfort and society of plaintiff’s wife, his mental suffering, and the expenses attending her necessary care.
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Error to St. Joseph Circuit. This was an action on the case to recover damages sustained by plaintiff by reason of mal-practice, and gross - negligence of defendant in the exercise of his profession as a surgeon, while in attendance upon plaintiff’s wife; and by reason of which she died. The declaration alleged the loss of service, and the comfort and society of plaintiff’s wife, his mental suffering, and the expenses attending her necessary care. The alleged errors are stated in the opinion. Judgment was rendered for the plaintiff below.
1Opinion of the Court
Christiancy J.
The plaintiff in error (defendant below), was a physician employed by Adams (plaintiff below), to remove a tumor from the uterus of his wife. The wife died three days after the operation; and as the plaintiff below alleges, and the evidence tends to show, the death waii produced by mal-practice — the want of proper skill and cafe in performing the operation. And it is not too much to say that the tendency of the evidence on the part of the plaintiff below, was to show such a total want of skill, and such a degree of carelessness, as would in law make the defendant below guilty…
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