Brown v. Bennett
Michigan Supreme Court
Error to Van Burén; Des Voignes, J. Case by Bertha K. Brown against Charles L. Bennett and Richard R. Smith for malpractice. A judgment for plaintiff is reviewed by defendants on writ of error. The action is trespass on the case.
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Error to Van Burén; Des Voignes, J. Case by Bertha K. Brown against Charles L. Bennett and Richard R. Smith for malpractice. A judgment for plaintiff is reviewed by defendants on writ of error. The action is trespass on the case. It is averred, in substance and effect, in each of the four counts of the declaration, that the defendants, professing to be skilled physicians and surgeons, undertook for reasonable reward to be paid to them to skillfully treat, care for, and to perform upon the plaintiff a certain operation, and that they so negligently, unskillfully, and carelessly performed it…
1Opinion of the CourtOstrander, J.
(after stating the facts). We do not find in the record any testimony tending to prove a joint undertaking of the defendants. On the contrary, upon this point the case for plaintiff stated most favorably to her is that she was advised by her physician, Bennett, who had treated her for certain disorders, that the remedy for her ailment was a surgical operation. The family of plaintiff, including her husband, knew of this advice, consented that an operation should be performed, and that defendant Bennett should select and arrange with some surgeon to perform the operation. They were told that…
2Cases cited1 opinion
- Rosenthal v. RosenthalMichigan Supreme Court · 1908
3Cited by22 opinions
- Voss Ex Rel. Voss v. BridwellSupreme Court of Kansas · 1961
- Fehrman v. SmirlWisconsin Supreme Court · 1964
- Reed v. BasconIllinois Supreme Court · 1988
- Huber v. Protestant Deaconess Hospital, Etc.Indiana Court of Appeals · 1956
- Nelson v. SandellSupreme Court of Iowa · 1926
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