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.
Read the full summary
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…
1DissentKinne, C. J.
(dissenting). — tI do not agree to the result reached in this case, and I especially dissent from the conclusion reached in the first division of the opinion.
IT. Hable for what. a. In general. b. For ignorance. c. When he does not cause injury. d. For acts of others. e. For non-attendance. , f. Errors of judgment. g. Giving instructions. V What are proper care and skill. YI Must follow established practice. a. In general. b. Of his own school. VII. No presumption against him. VI'I. Free service. IX.General reputation. X.Who judges of skill. XI.Survival of action. I. General duty of physician.…
2Cases cited96 opinions
- Hyatt v. AdamsMichigan Supreme Court · 1867
- State v. HousekeeperCourt of Appeals of Maryland · 1889
- Boor v. LowreyIndiana Supreme Court · 1885
- Small v. HowardMassachusetts Supreme Judicial Court · 1880
- Tefft v. WilcoxSupreme Court of Kansas · 1870
91 more not listed; retrieve them via the Exa API.