Bowers v. Santee

Citations

• 99 Ohio St. (N.S.) 361

Syllabus

<p>Physician and patient — Contractual relation — Degree of shill and care — Malpractice — Cause of action accrues, when — Statute of limitations — Runs from termination of contract relation — Section 11225, General Code.</p> <p>1. The relation of surgeon and patient is one arising out of contract, express or implied. The surgeon is not an insurer or guarantor, but does agre'e to exercise the average degree of skill, care and diligence exercised by members of the same profession in the given situation.</p> <p>2. In an action for a breach of the contract in such case, the statute of limitations does not begin to run until the contract relation is terminated. (Gillette v. Tucker, 67 Ohio St., 10G, approved and followed; McArthur v. Bowers, 72 Ohio St., 656, disapproved.)</p>