The alleged malpractice suit : Thompson vs. Smith. Statement of experts and surgeons / Evidence reported by R.J. Hammond, reported for the Circuit court Nov. term, 1874, for Madison county, Iowa.

  • Smith, A. B. (Arthur B.)
Date:
1875
Catalogue details

Licence: Public Domain Mark

Credit: The alleged malpractice suit : Thompson vs. Smith. Statement of experts and surgeons / Evidence reported by R.J. Hammond, reported for the Circuit court Nov. term, 1874, for Madison county, Iowa. Source: Wellcome Collection.

Provider: This material has been provided by the Francis A. Countway Library of Medicine, through the Medical Heritage Library. The original may be consulted at the Francis A. Countway Library of Medicine, Harvard Medical School.

    8/78
    Letter from Dr Davis, of Indianola, Iowa. Dr. A, B. Smith:—Your letter giving the result in the case of Thompson vs. Smith, was received last evening. I am aston- ished at the verdict. There must have been some clandestine influence outside of the prosecuting testimony to warrant such u decision. I heard testimony of tlie plaintitf, as well as your own, which would con vice any surgeon of experience and read- ing, that your diagnosis was correct. How humiliating and dis- graceful to the medical profession are these malpractice cases. A few more such decisions as in your case, will work great det- riment to the community at large. Individuals who are unfor- tunate enough to sustain an injury will be compelled to forego surgical aid. A surgeon adjusts a fracture correctly and with skill, is pros- ecuted by the malicious patient for malpractice to obtain dam- age. A physician who urges on such a suit is unworthy, and should be expelled outside the pales of professional brotherhood. You made, I consider, a perfect and complete defence. Your diagnosis and treatment was sustained by all the experts as well as by the best authorities. I am confident that every unbiased person who heard the trial, will say that you sustained the cor- rectness of your diagnosis, with skill and ability, proving your qualilication as a careful and exj)erienced surgeon. I think it would be well to have the case published as a vindication of youself and for the j)i'ofe8sion at large. I think there should be no diificulty in obtaining a new trial, as the vernict is most cer- tainly unwarrante by the facts, the testimony and tha law. Very Respectfully, '^Indianola, Iowa. Nov. 22, 1874. C. W. Davis, M. D.