Small v. Howard
Massachusetts Supreme Judicial Court
Tort against a physician ajad surgeon for malpractice in dressing and caring for a wound upon the plaintiff’s wrist. Trial in this court, before Colt, J., who allowed a bill of exceptions in substance as follows: The wound was made by glass, and, as the defendant testified, the cut throughout the whole inside of the wrist extended to the bone, severing all the arteries and tendons.
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Tort against a physician ajad surgeon for malpractice in dressing and caring for a wound upon the plaintiff’s wrist. Trial in this court, before Colt, J., who allowed a bill of exceptions in substance as follows: The wound was made by glass, and, as the defendant testified, the cut throughout the whole inside of the wrist extended to the bone, severing all the arteries and tendons. The testimony of experts on both sides was, that the wound was a very severe one and required a considerable degree of skill in its treatment. The defendant was a physician and surgeon in Chelmsford, a country town…
1Opinion of the CourtAmes, J.
The complaint of the plaintiff is, that, in the treatment of the wound under which he was suffering, the defendant did not furnish that degree of skill, learning and experience which was required of him, and which, in undertaking the case, he impliedly bound himself to furnish. It is not contended that he engaged to furnish extraordinary skill, or that he warranted a cure, but that in undertaking the case he held himself out as being a man of reasonable and ordinary skill and experience in his profession as a surgeon. His contract, as implied by law, is, so far as this point is concerned,…
2Cases cited1 opinion
- Wilmot v. HowardSupreme Court of Vermont · 1867
3Cited by62 opinions
- Bruni v. TatsumiOhio Supreme Court · 1976
- Hall v. HilbunMississippi Supreme Court · 1985
- Morrison v. MacNamaraDistrict of Columbia Court of Appeals · 1979
- Brune v. BelinkoffMassachusetts Supreme Judicial Court · 1968
- Donna Faye Shipley v. Robin WilliamsTennessee Supreme Court · 2011
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