Byers v. Bacon

Citations

• 250 Pa. 564
• 27 York 54
• 95 A. 711
• 1915 Pa. LEXIS 990

Syllabus

<p>Negligence — Physician and surgeon — Failure to remove drainage tube — Statute of Limitations — Act of June £4, 1895, P. L. £86.</p> <p>1. An action instituted on February 18, 1913, to recover damages for personal injuries alleged to have been caused by the negligence of the defendant, a physician and surgeon, in failing to provide for the removal at the proper time of a rubber tube which during the progress of a surgical operation performed on the plaintifE by the defendant was inserted in a wound for drainage purposes and which was invisible from the surface, is not necessarily barred by the provisions of the Statute of Limitations of June 24, 1895, P. L. 236, upon proof that the operation was performed by defendant at a hospital of which he was head of the staff of surgeons, and from which the plaintifE was discharged as a patient by the defendant on March 21, 1910.</p> <p>2. In such case the plaintifE should he allowed to show when and by whom the tube should have been removed, and when plaintiff might he reasonably charged with knowledge of the fact that the tube had been overlooked.</p>