(Download) "Dunn v. Beck" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Dunn v. Beck
- Author : Supreme Court of Montana
- Release Date : January 03, 1927
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Physicians and Surgeons ? Malpractice ? When not Liable in Damages ? Evidence ? Insufficiency ? Appeal ? What Constitutes Conflict in Evidence ? Absence of Substantial Conflict ? Final Disposition of Case by Supreme Court. Physicians and Surgeons ? When not Liable in Damages for Alleged Malpractice. 1. A practicing physician or surgeon is required to possess the skill and learning possessed by the average member of the medical profession, and to apply such skill and learning with ordinary and reasonable care; he is not an insurer nor does he impliedly guarantee a good result; if he exercises such reasonable care and skill in the treatment of a patient as is usually exercised by physicians or surgeons of good standing, of the same school of practice in the community in which he resides, with due regard to the condition of the patient and the progress of medical or surgical science at the time, he is not liable in damages for malpractice because of a bad result; nor is he liable for injuries arising, without negligence, from honest errors in judgment. Same ? Need not Employ Any Particular Method of Treatment. 2. A physician is not bound to employ any particular method in the treatment of a patient for a given ailment, and where among physicians of ordinary skill and learning more than one method of treatment is recognized as proper, it is not negligence if he adopts either one of such methods, and the mere fact that other physicians would have used a different method in the particular case is not proof of negligence. Same ? Malpractice ? Evidence ? Insufficiency. 3. Evidence in an action for malpractice against a physician with twenty-five years of experience in the practice of his profession, who was charged with negligence in the treatment of a compound spiral comminuted fracture of a leg and discharged from the case after but nine days of attendance, much of which time was properly devoted to combating infection, held insufficient, under the above rules of law, to go to the jury. Appeal ? Rule That Verdict Based on Conflicting Testimony will not be Disturbed is Applicable, Only When. 4. The rule that a verdict returned upon conflicting evidence approved by the trial court by its order denying a new trial - Page 415 will not be disturbed on appeal if there be substantial evidence to support it, has reference to real conflicting statements in testimony given by opposing witnesses, and not to conflicting statements by a partys own witnesses. Same ? Where No Substantial Conflict in Evidence, Case to be Viewed as One Submitted on Agreed Statement of Facts and Supreme Court will Make Final Disposition. 5. Where there is no substantial conflict in the evidence, the function of the trial court is to determine the law applicable to the evidence viewed as an agreed statement of facts, and on appeal the supreme court is in as favorable a position as the trial court to make such determination, and will make final disposition of the cause. (Sec. 8805, Rev. Codes 1921.)