Hoffman v. Watkins

Citations

• 78 Wash. 118
• 138 P. 664
• 1914 Wash. LEXIS 987

Syllabus

<p>Physicians and Surgeons — Malpractice — Evidence — Employment by Third Person — Relevancy. In an action for malpractice, it is error to admit evidence that tbe defendant was under contract with plaintiff’s employer to treat employees upon the payment of monthly hospital dues, where it was outside the issues; and the error is prejudicial where counsel persisted in this line of evidence, over objections, and a purpose to prejudice the minds of the jury plainly appears from the form of the questions, indicating that defendant neglected the case for want of additional compensation; especially where the closely contested issue was as to whether he had given a correct diagnosis.</p> <p>Trial — Instructions—Issues. Where there is a mass of conflicting evidence, much of it irrelevant, it is error for the court, upon request, to refuse to instruct the jury as to the issues in the case.</p> <p>Physicians and Surgeons — Malpractice—Negligence—Presumptions — Instructions. In an action for malpractice, it is error to refuse to instruct that negligence cannot be inferred from the failure to effect a cure, and that the condition subsequent to treatment does not of itself establish negligence.</p>