Lathrope v. Flood

Citations

• 6 Cal. Unrep. 637
• 63 P. 1007
• 1901 Cal. LEXIS 1270

Syllabus

<p>Physicians—Abandonment of Case—Damages.—Defendant was employed to attend, plaintiff during her first confinement. He assumed charge of the case, visiting plaintiff at intervals, until he deemed it the proper time to employ instruments to aid in the delivery of the child, whereon the plaintiff shrank back and screamed, compelling the defendant to let go the, instruments. Defendant threatened the plaintiff that if she did not quit screaming he would quit the case, and on the failure of a second or third attempt to use the instruments he abruptly left the house. This was at midnight, and it was an hour or more before another physician could be obtained, who, on examination, found that plaintiff’s condition was not such as to require the use of instruments just then. Held, that a verdict of $2,000 was not excessive for the unwarranted abandonment of the ease and the mental suffering occasioned plaintiff thereby.1</p>