Dahl v. Wagner

Citations

• 87 Wash. 492
• 151 P. 1079
• 1915 Wash. LEXIS 924

Syllabus

<p>Physicians and Surgeons—Malpractice—Error of Judgment— Negligence—Evidence—Suetticiency. A surgeon is not liable for malpractice where, having successfully treated a “mashed” foot until it was healed, he failed to subsequently make an attempt to reset a bone or perform an operation that might have restored the functions of the foot, according to the opinion of some of the experts, but which, according to others equally skilled, was considered foolhardy and hazardous to life or limb, and at most he was guilty of a mere error of judgment upon a question in doubt.</p> <p>Same—Contract to Treat Patient—Failure to Perform—Liability. Where, after treatment of a “mashed” foot, the patient on leaving the hospital suffered pain that could be relieved by cutting off the end of a protruding bone, it is the continuing duty of a physician who was under a contract to treat the patient to perform the operation; and on failure so to do, he is liable for the cost of the operation.</p> <p>Same. In such a case, the surgeon would not be liable for the patient’s continued pain and suffering after he was advised that it could be relieved by an operation; since it was the patient’s duty to minimize the same by having the operation performed.</p>