Wenger v. Calder

Citations

• 78 Ill. 275

Syllabus

<p>1. Measure of damages—malpractice. In a suit against a surgeon for malpractice in treating an injury, the plaintiff is not entitled to recover anything on account of pain and suffering caused by the injury, but only for such additional pain and suffering as is produced by the negligence or want of skill of the defendant in the treatment.</p> <p>2. Instructions—erroneous, if not based, upon evidence. In an action against a surgeon for malpractice, where there is no evidence tending to prove wilful negligence, it is error to instruct the jury that they may find for the plaintiff in any amount they deem proper, under the evidence, if they believe, from the evidence, that the defendant was wilfully negligent.</p>