Cyr ex rel. Cyr v. Landry
Supreme Judicial Court of Maine
On motion for new trial by the defendant. This is an action on the case to recover damages for malpractice in securing a drainage tube which had been inserted in the side of Lillian P. Cyr for the purpose of drainage of the incision in the operation for pleurisy. Plea, the general issue. The jury returned a verdict for plaintiff for $3000. The defendant filed a motion for a new trial and also had certain exceptions, which do not appear to have been considered.
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On motion for new trial by the defendant. This is an action on the case to recover damages for malpractice in securing a drainage tube which had been inserted in the side of Lillian P. Cyr for the purpose of drainage of the incision in the operation for pleurisy. Plea, the general issue. The jury returned a verdict for plaintiff for $3000. The defendant filed a motion for a new trial and also had certain exceptions, which do not appear to have been considered. The case is stated in the opinion.
1Opinion of the CourtSpear, J.
This is an action of malpractice for a surgical operation performed upon the plaintiff in which it is alleged that the defendant “was employed to operate upon her side for pleurisy, and later for the purpose of draining said "incision a tube was inserted and improperly attached by adhesive plaster to the outer surface of the body. The drainage of said incision moistened *190the adhesive plaster and permitted the tube to enter the body of the plaintiff and remain there a long period of time, to wit: from October, 1908 until March 24, 1912.” There was no allegation of malpractice for failure to…
2Cited by6 opinions
- Montgomery Ward & Co. v. ArbogastWyoming Supreme Court · 1938
- Arnst v. EstesSupreme Judicial Court of Maine · 1939
- Bartlett v. ChisholmSupreme Judicial Court of Maine · 1951
- D'Alfonso v. City of PortlandSupreme Judicial Court of Maine · 1958
- Kennebunk, Kennebunkport & Wells Water District v. Maine Turnpike AuthoritySupreme Judicial Court of Maine · 1950
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