Huber v. Hamley

Citations

• 122 Wash. 511
• 210 P. 769
• 1922 Wash. LEXIS 1154

Syllabus

<p>Physicians and Surgeons (12)&emdash;Malpractice&emdash;Negligence&emdash;Bur-den of Proof&emdash;Instructions. In an action for malpractice in reducing the fracture of an arm, and in the treatment, it is error to give an instruction placing the burden of proof upon the plaintiff to establish the fact that he was not guilty of negligence contributing to the injury sustained.</p> <p>Same (12). In such an action, it is error to instruct the jury that the only question for the jury is whether the defendants had properly reduced the fracture, where the principal issue in the case was their responsibility for failing to properly treat the fracture after its reduction.</p>