Saucier v. Ross

Citations

• 112 Miss. 306
• 73 So. 49

Syllabus

<p>1. Physician's and Stjbgeons. Negligence. Action for negligence. Defense. Evidence. Admissibility.</p> <p>Unexplained, the leaving of a four inch rubber tube in a patient’s body by a physician until the wound healed over was negligence in the treatment of his patient.</p> <p>2. Same.</p> <p>In such case it was no answer to the patient’s suit for damages, that the rubber tube may. have been left in plaintiff’s wound by an attendant nurse or another physician in the hospital, where the defendant was her physician and operated on her and attended her while in the hospital and the other physicians were acting under defendant’s directions- in the treatment of her and defendant discharged her from the ho'spital at the time she left.</p> <p>2. Same.</p> <p>In such case the fact that plaintiff and her husband after the discovery that the rubber tube had been left in her body telegraphed defendant their good wishes and sent him a Christmas card, should not have been admitted in evidence, since such fact does not tend to show that the plaintiff’s version of her troubles was not true nor does such a courtesy show a condonation of her grievance.</p>