Paulich v. Nipple

Citations

• 104 Kan. 801
• 180 P. 771
• 1919 Kan. LEXIS 365

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Physicians — Malpractice—Evidence—Expert and Nonexpert Witnesses. The following rule, stated in the syllabus in Sly v. Powell, 87 Kan. 142, 123 Pac. 881, is applied to the facts in the present case: “Nonexpert witnesses can testify as to external appearances and manifest conditions observable by any one, but whether a surgical operation has been performed with a reasonable degree of skill, knowledge and care, and whether the patient was thereafter'skillfully and properly treated, are questions of science to be established by the testimony of witnesses of special skill and experience, and not by testimony of those who are without special learning and skill as to such operations and practice.” (syl. f 1.)</p> <p>2. Same. A physician is bound to possess and exercise that degree of skill which is ordinarily possessed by physicians in practice, but where his errors are those of judgment only, if he keep within recognized and approved methods, he will not be liable for their consequences.</p> <p>3. Same. Negligence of a physician or surgeon cannot be presumed from the mere failure to obtain the best results from an operation or treatment; and in this case, there being no proof of a want of skill or care on the part of defendant, it was error to set aside a judgment in his favor and grant a new trial.</p>