Taylor v. Kidd

Citations

• 72 Wash. 18
• 129 P. 406
• 1913 Wash. LEXIS 1396

Syllabus

<p>Physicians and Surgeons — Malpractice—Negligence—Evidence —Question for Jury. In an action for malpractice the negligence of the defendant is for the jury, where it appears that the defendant treated plaintiff for severe injuries sustained by a fall which included injury- to his shoulder, that the shoulder was not then dislocated, but the arm not improving, was subjected to manipulation by the defendant, which dislocated the shoulder, discovered by other physicians, and which required an- operation and resulted in a shortening of the arm.</p> <p>Evidence — Expert Evidence — Opinion as to Medical Treatment —Hypothetical Questions. In an action for malpractice, expert medical witnesses may express opinions, based upon a hypothetical question containing a fair summary of the facts shown by plaintiff’s evidence, as to whether the treatment given plaintiff was such as an ordinary skillful physician in that community would have used for plaintiff’s injury.</p> <p>Trial — Instructions—Written 'Instructions — Waiver — Exceptions — Time for Taking. Where, in addition to written instructions, an oral explanation was requested and given, without objection or exception at the time, a written exception filed later on the ground that the same was not reduced to writing and given to the jury, comes too late; since the statute authorizing exceptions to instructions at any time before motion for new trial relates to their sufficiency as matter of law, and not to the manner in which they are given, and since the statute requiring the instructions to be given in writing may be waived.</p> <p>Physicians and Surgeons — Maereactice—Excessive Verdict. A verdict for malpractice is excessive, where it indicates that the jury considered plaintiff’s entire loss, through a fall for which he was treated, instead of merely the consequences of the doctor’s negligence.</p>