Heimlich v. Harvey

Appellant’s principal argument is that the ischiorectal abscess definitely found on August 27th could have originated from a variety of causes described in the testimony, only one of which was the injection given by Dr. Baird on August 24th, or the one by Dr. Harvey on August 25th, and consequently the jury’s finding that the abscess was the natural and probable result of the treatment was pure speculation. It is conceded that the evidence sustains the finding of malpractice. The question is whether the improper treatment caused the damage.

Dr. Schwade, an expert testifying for plaintiff, said…