Simon v. Hamilton Logging Co.

Citations

• 76 Wash. 370
• 136 P. 361
• 1913 Wash. LEXIS 1821

Syllabus

<p>Master and Servant — Injuries to Servant — Medical Attendance. An employer furnishing medical attendance without profit to itself, is liable for the consequence of unskillful treatment only in case of failure to exercise reasonable care in the selection of a competent surgeon.</p> <p>Same — Employment of Surgeon — Notice of Incompetency — Evidence. In an action against an employer for negligence in employing an incompetent surgeon to treat employees, evidence of alleged malpractice by the physician, occurring six years before he was engaged by the defendant, is inadmissible as too remote to show notice of his incompetency.</p> <p>Same — Evidence of Incompetency — Reputation—Notice. In such a case, evidence of specific acts of alleged malpractice, occurring after the case at bar arose, or the surgeon’s reputation at the time of the trial, is inadmissible to establish the defendant’s negligence in employing or retaining him.</p> <p>Same. In such a case, nonexpert evidence of two alleged cases of incompetency as an obstetrician, not brought home to the defendant by any kind of notice, is inadmissible to prove the defendant’s negligence in employing a surgeon to treat men employed in a logging camp.</p>