Legal Opinion
Mehigan v. Sheehan
Supreme Court of New Hampshire
Decided March 4, 1947No. 3637PublishedCited by 15 opinions
1Opinion of the CourtJohnston, J.
When the defendant agreed to the relationship of
physician and patient, he became obligated to use reasonable care in attending and treating the plaintiff. “He is answerable for failure to exercise the care and skill of one who is what the defendant has assumed to be. Burnham v. Stillings, 76 N. H. 122. It is not a matter of contract, for the obligation to use such care and skill as the undertaking reasonably calls for is imposed because of a privity of duty as distinguished from that of contract. Pittsfield &c. Company v. Company, 71 N. H. 522; Edwards v. Lamb, 69 N. H. 599.” Jackson v.…
2Cases cited4 opinions
- Whetstine v. MoravecSupreme Court of Iowa · 1940
- Russell v. NewmanSupreme Court of Kansas · 1924
- Young v. JordanWest Virginia Supreme Court · 1928
- Adams v. HenryMichigan Supreme Court · 1911
3Cited by15 opinions
- Smith v. CoteSupreme Court of New Hampshire · 1986
- Schaefer v. IndyMac Mortgage ServicesCourt of Appeals for the First Circuit · 2013
- Montgomery v. StarySupreme Court of Florida · 1955
- Smith v. BorelloCourt of Appeals of Maryland · 2002
- Nasser v. St. Vincent Hospital & Health ServicesIndiana Court of Appeals · 2010
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