Whitesell v. Hill
Supreme Court of Iowa
Appeal from Hardin District Court. — Hon. B. P. Birdsall, Judge. Action at law, to recover damages for alleged malpractice by the defendant. There was a trial on the merits, and a verdict and judgment in favor of the plaintiff, from which he appeals. The required degree of skill and diligence is the average of the profession generally, and not the average in a vicinity. Smothers v. Hanks, 84 Iowa, 289 (11 Am.
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Appeal from Hardin District Court. — Hon. B. P. Birdsall, Judge. Action at law, to recover damages for alleged malpractice by the defendant. There was a trial on the merits, and a verdict and judgment in favor of the plaintiff, from which he appeals. The required degree of skill and diligence is the average of the profession generally, and not the average in a vicinity. Smothers v. Hanks, 84 Iowa, 289 (11 Am. Rep. 141); Peck v. Hutchinson, 88 Iowa, 320; Deering, Torts, Cooley, Torts, 649; Gramin v. Boener, 56 Ind. 497; Small v. Howard, 128 Mass. 131 (35 Am. Rep. 363.) It may be that actions…
1Opinion of the CourtRobinson, J.
In October, 1892, the plaintiff suffered an oblique fracture of the humerus of the left arm, at a point about three inches above the elbow; and the defendant, a physician, was employed to reduce the fracture. He did so, and continued to treat the injury at intervals until about the middle of December, 1892, when it was regarded as healed. The arm is now crooked. The plaintiff alleges that its condition is due to negligent and unskilful treatment on the part of the defendant, m consequence of which the fracture was not properly reduced; that the parts of the bone did not and coold not unite,…
2Cases cited19 opinions
- Small v. HowardMassachusetts Supreme Judicial Court · 1880
- Tefft v. WilcoxSupreme Court of Kansas · 1870
- Nelson v. HarringtonWisconsin Supreme Court · 1888
- Lawson v. ConawayWest Virginia Supreme Court · 1892
- Bellinger v. CraigueNew York Supreme Court · 1860
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3Cited by34 opinions
- Wheatley Ex Rel. Wheatley v. HeidemanSupreme Court of Iowa · 1960
- Viita v. FlemingSupreme Court of Minnesota · 1916
- Wood v. VromanMichigan Supreme Court · 1921
- Flock v. J. C. Palumbo Fruit Co.Idaho Supreme Court · 1941
- Estate of Hagedorn v. PetersonSupreme Court of Iowa · 2004
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