78 Iowa 696 | Iowa | 1889
Lead Opinion
I. The defendant, the German Klinik, is an incorporation, whose business appears to be connected in some way with the treatment of diseased and inj ured persons. The defendants Gustave Hoepfner and others are members of the incorporation, and surgeons and physicians having charge of the patients treated by the incorporation. Plaintiff, by some accident, broke the bones of his left leg, and employed defendants to treat him. After treatment, according to the usual course pursued by surgeons, which was once or twice renewed, by reason of the fact that the patient had not wholly recovered, the plaintiff was finally discharged from treatment by defendants, or ceased further to employ or consult them. His leg, not being wholly cured, became bent and crooked, and finally, after this suit was commenced, it was amputated by other surgeons. This action is brought to recover for the injuries plaintiff sustained by defendants’ neglect and want of skill in the treatment of his broken limb. The case was upon the evidence submitted to the jury, under instructions of which no complaint is' made in this court. A general verdict was had for plaintiff, and special findings in response to questions propounded by the court were returned by the jury. They are in the following language: “(1) Did the defendants, or either of them, properly set the plaintiff’s leg on December 21, 1885 ? Answer. Yes. (2) Did the said defendants Jaenicke and Hoepfner, or either of them, properly treat the plaintiff from the day on which they set his leg up to the time at which they released him from the splint and bandages? A. Yes ; but we do not consider it a perfect cure when discharged. (3) Were the methods and appliances which defendants used in plaintiff’s treatment such as are found among the different methods and appliances used and approyed of by
II. It is insisted that the special findings are inconsistent with the general verdict, and are such as show that defendants are not liable in this action, and therefore a judgment thereon should have been rendered for defendants. The instructions given to the jury are not complained of by defendants. Among others the following was given : “When the defendants undertook the treatment of this case, the duty rested upon them to give to it such care and skill as the ordinarily educated and skilled members of their profession, at the time, would have given to it, and to give to the patient proper instructions for the care and use of the wounded limb. If the evidence satisfies you that they did this, then they did all that the law required of them, and they would not be liable. It is for you to say, from the evidence before you, whether they gave to the treatment of the case such skill, care and attention,' or not, and to the patient proper instructions for the care and use of the wounded leg. If they did not, they were guilty of negligence, and would be liable for injury resulting from such negligence, unless the evidence satisfies you that the plaintiff contributed to such injury by his own negligence and want of care.” It will be observed that this instruction declares, rightly enough, that defendants were charged with the duty, among others, of giving plaintiff “proper instructions for the care and use
Aeeiemed.
Dissenting Opinion
(dissenting). — The special findings show that defendants discharged fully all duties which devolved upon them to the time when plaintiff was released from the splint and bandages. They had properly set the broken bones, and had given the injured limb their personal supervision for eight weeks. Plaintiff was young and healthy, and the uncontradicted evidence proves that, under the conditions shown, the broken bones should have been healed when the splint and bandages were removed. When that was done defendants instructed plaintiff to procure and use crutches in walking. The special findings show that plaintiff' exercised ordinary care in the use of his leg after that time. The instructions which plaintiff admits having received from defendants necessarily informed him that the injured limb was not entirely cured; that he should use crutches in walking, and should be careful in using it. What further instructions, if any, should have been given, the record nowhere discloses. No evidence, whatever, was offered as to the instructions which should have been given plaintiff when the splint and bandages were removed. The jury were left wholly without the aid of evidence to determine that matter. As they were not experts, the plaintiff was as competent to determine what instructions should have been given, and consequently the care and use of his injured limb which would have been proper, as were the jury. But'the jury found that he used ordinary care. Therefore no damage conld have resulted from the failure of defendants to- give such instructions as the jury were competent to find should have been given. The fact that a perfect cure had not been effected when the splint and bandages were discarded does not alter the case under the law as announced to the jury. They were charged that a “physician or surgeon, in undertaking the treatment of a patient, does not thereby insure a cure.” Plaintiff was not under the personal care of defendants, but was. treated at his own home. The splint and bandages