Morrison v. Henke
Wisconsin Supreme Court
Apbeai, from a judgment of tbe circuit court for La Crosse county: E. C. Higbee, Circuit Judge. Action to recover damages for alleged negligent treatment of plaintiff following an operation for appendicitis while a patient at tbe defendant hospital. Tbe defendants Henke and Mast were surgeons of La Crosse who performed the operation on plaintiff while at tbe hospital.
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Apbeai, from a judgment of tbe circuit court for La Crosse county: E. C. Higbee, Circuit Judge. Action to recover damages for alleged negligent treatment of plaintiff following an operation for appendicitis while a patient at tbe defendant hospital. Tbe defendants Henke and Mast were surgeons of La Crosse who performed the operation on plaintiff while at tbe hospital. They were not agents or servants of tbe hospital, but came in, as other doctors or surgeons did, to treat patients desiring their services. Tbe case was tried to a jury and they found: (1) that tbe sores on plaintiff’s leg were…
1Opinion of the Court
The following opinion was filed December 5, 1916:
Vinje, J.
We have examined the evidence relative to the alleged negligence of Henke and Mast and are satisfied that the court properly set aside the finding that they were wanting in the exercise of ordinary care in permitting the nurses to attend plaintiff after the operation. There is no evidence to show that if the nurses were incompetent — a fact by no *168means clearly established — the doctors knew or were chargeable with knowledge of such incompetency. They were not hired by the doctors but by the defendant hospital, and no fact is shown…
2Cases cited25 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Fire Insurance Patrol v. BoydSupreme Court of Pennsylvania · 1888
- Parks v. Northwestern UniversityIllinois Supreme Court · 1905
- Hearns v. Waterbury HospitalSupreme Court of Connecticut · 1895
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3Cited by42 opinions
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- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
- Muller v. Nebraska Methodist HospitalNebraska Supreme Court · 1955
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