Hubach v. Cole

One engaged in ministering to the physical ills of mankind ought not to be victimized in a malpractice action by a designing patient with a fictitious grievance. On the other hand, a patient who is the victim of actionable negligence at the hands of a physician should be compensated for the results of such negligence.

We are not confronted with the problem of whether a verdict and judgment for the plaintiff or defendant herein can be legally upheld, but are called upon to determine whether the trial court committed reversible error in arresting the evidence from the jury at the conclusion of…