Mertz v. Detweiler
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Northampton county, in which a verdict and judgment were rendered for the defendants. This was an action on the case brought by Henry Mertz by his next friend Jacob Mertz against Henry Detweiler and Charles Detweiler for malpractice as physicians, per quod the plaintiff lost his leg. The case came up on bills of exception to evidence.
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ERROR to the Common Pleas of Northampton county, in which a verdict and judgment were rendered for the defendants. This was an action on the case brought by Henry Mertz by his next friend Jacob Mertz against Henry Detweiler and Charles Detweiler for malpractice as physicians, per quod the plaintiff lost his leg. The case came up on bills of exception to evidence. The plaintiff proved that a consultation was held by several physicians at the request of the plaintiff’s father, who examined the plaintiff’s leg after it had proceeded to mortification under the attendance of the defendants. A…
1Per curiam
Under the circumstances of the case, evidence of the “ practice of physicians in regard to consultations,” was properly admitted. It had been testified that the medical gentlemen called in by the plaintiff’s father had met' in consultation without notice to the defendant who was the attending physician, or desiring his presence; and they were produced as the plaintiff’s witnesses. The fact that they had not extended to him the customary courtesy due to the occasion, therefore, was a circumstance, though a slight one, tending to show that their minds were biassed against him.
*378But the measure of…
2Cited by1 opinion
- Leighton v. SargentSuperior Court of New Hampshire · 1853