Gates v. Fleischer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. The defendant is a practicing physician and surgeon. The plaintiff brought this action against him to recover damages for injuries caused by his . alleged malpractice in his treatment of her, she being his patient. In Eebruary, 1884, the plaintiff, who is a married woman, gave birth to a child. A few hours after the birth a physician —■ Dr. Garrey — attended her and removed the afterbirth.
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APPEAL from the Circuit Court for Marathon County. The defendant is a practicing physician and surgeon. The plaintiff brought this action against him to recover damages for injuries caused by his . alleged malpractice in his treatment of her, she being his patient. In Eebruary, 1884, the plaintiff, who is a married woman, gave birth to a child. A few hours after the birth a physician —■ Dr. Garrey — attended her and removed the afterbirth. He also visited her on Eebruary 29th, March 1st, and • March 3d. He found a slight laceration of about half an inch on the neck of the womb. Hot regaining…
1Opinion of the CourtLyoet, J.
I. On the trial of the action, nine physicians were examined at considerable length, and gave testimony as experts. As sometimes happens in such cases, there is *507some conflict of opinion between these witnesses. However, the testimony tended to prove, and the jury were justified in finding therefrom, that the plaintiff had no ulcers upon her womb or in the cervical canal, and the treatment with caustics was unjustifiable; that advanced medical science discards the use of caustics in cases of ulceration, as a dangerous practice; that, had the caustic treatment been proper, it was applied in an…
2Cases cited3 opinions
- Quinn v. HigginsWisconsin Supreme Court · 1885
- Wright v. HardyWisconsin Supreme Court · 1867
- Hilgers v. QuinneyWisconsin Supreme Court · 1881
3Cited by30 opinions
- Shier v. FreedmanWisconsin Supreme Court · 1973
- Goodrum v. BuffaloCourt of Appeals for the Eighth Circuit · 1908
- Viita v. FlemingSupreme Court of Minnesota · 1916
- Nelson v. HarringtonWisconsin Supreme Court · 1888
- Nowatske v. OsterlohWisconsin Supreme Court · 1996
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