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eBook details

• Title: Josselyn v. Dearborn Et Al.
• Author : Penobscot Supreme Court of Maine
• Release Date : January 26, 1948
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This is an action against two osteopathic physicians to recover damages for alleged malpractice in the treatment of the middle finger of the left hand of the plaintiff. Each doctor was represented by separate counsel and both pleaded the general issue. Jury verdict against both jointly. The plaintiff's declaration alleges due care on his part. The first count in the writ alleges that the defendant Payson ""Disregarded his said duties and so carelessly, negligently and unskillfully carried out the extraction of blood from the middle finger of the plaintiff's left hand, and so unskillfully, carelessly and negligently conducted himself in that behalf that, through his want of skill and care said finger and hand of the plaintiff became so greatly infected inflamed, injured and diseased as to render amputation necessary, and the said middle finger of the plaintiff's left hand was thereafter amputated."" The second count alleges that ""Defendant Payson, not regarding his said duty as such physician and surgeon . . . . . so unskilfully and carelessly and negligently conducted himself in that behalf that by and through want of skill and care the said sickness, malady, disease and injury of the said plaintiff became so greatly increased and aggravated that it rendered amputation of said finger necessary, and said middle finger of the plaintiff's left hand was thereafter amputated."" The third count alleges that the defendant, Grant Dearborn, ""So unskillfully and negligently conducted himself . . . . . that by and through his want of skill and care said sickness, malady, disease and infection of the plaintiff became so greatly increased and aggravated as to render amputation of said finger necessary, and the said middle finger of the plaintiff's left hand was thereby amputated."" The fourth count is against both defendants alleging that ""They so unskillfully and negligently conducted themselves in this behalf that by and through their want of skill and care the plaintiff's sickness, malady, disease and infection of and to the plaintiff became so greatly increased and aggravated that it rendered amputation of the said middle finger of the said plaintiff's left hand necessary, and the said middle finger of the said plaintiff's left hand was thereafter amputated.""

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