57 Ind. App. 611 | Ind. Ct. App. | 1914
This is a suit for damages brought by appellee against appellants for alleged malpractice. The complaint was in six paragraphs, each of which was answered by general denial. The case was tried by a jury and a verdict of $2,500 was returned against appellants, with answers to certain interrogatories. Appellants’ motion for judgment on the answers of the jury to the interrogatories, notwithstanding the general verdict, and their motion for a new trial, were overruled, and judgment was rendered on the verdict. Prom this judgment appellants appeal and assign as error the overruling of their separate demurrers to each paragraph of the complaint, overruling the motion for judgment on the answers to the interrogatories and their motion for a new trial.
The general averments of the second paragraph of complaint are substantially the same as those of the first, but it is especially averred that appellants carelessly, negligently and ignorantly used ordinary gasoline to remove from appellee’s limb an adhesive bandage or plaster; that the limb was swollen and badly inflamed and by the use of the gasoline and the negligent failure of the appellants to properly cleanse the same, the limb became sore, blistered and irritated to such an extent as to produce blood poison with the results aforesaid.
The third paragraph contains the same general allegations as the first paragraph and specially charges that on October 20, 1905, appellants carelessly, ignorantly, negligently and unskilfully placed the limb, which was then sore, swollen, tender and inflamed, in a plaster of Paris cast, and negligently made the same so tight as to greatly impede and stop circulation; that because of said treatment mortification set in and a septic condition and blood poisoning resulted, extending throughout her whole body; that appellee was thereby thrown into spasms; her temperature reached 106 degrees, and on October 21, 1905, the east had to be removed; that thereafter as a result of such treatment, in order to save her life, appellee underwent a dangerous and painful operation which is described as in the other paragraphs.
The fourth paragraph charges negligence in failing to diagnose properly the case, and combines the specific averments of the second and third paragraphs as to the use of gasoline and the tight bandage.
The fifth paragraph contains the same general averments as the first. It charges a negligent failure to diagnose properly the case and also alleges a dislocation of the
The sixth paragraph charges a negligent failure to diagnose the injury which is alleged to have been a dislocation of the right hip. It also makes substantially the same averments as to the tight bandage and the use of gasoline as other paragraphs and charges that appellant scraped the blistered limb with finger nails and unclean and poisonous instruments which produced blood poison.
Each of the paragraphs states a cause of action.
The substance of the answers of the jury to the interrogatories as far as material to the questions presented is as follows: That appellee a girl six years of age was injured on the afternoon of Monday, October 16, 1905, and the following night and day complained of severe pain in her right ankle and foot; that appellant, McKee, was called to see her about 5 pan. the next day and was informed by the mother of appellee that the child had fallen or had been struck on the ankle the day before and had been suffering severe pain in her limb; that she wanted to know whether there was a sprain or some other injury to the bone or joint; that said McKee did not make an examination of the foot and ankle at that time, but advised the mother to continue to make hot applications to the limb as she had been doing; that the mother called appellant, McKee, again on Wednesday evening the 18th, and he found appellee still suffering severe pain; that later, on the same evening, both appellants called to see appellee and made some examination of her foot and ankle and put on some adhesive strips; that appellant, McKee, called the next morning and learned that appellee had continued to suffer greatly and was still restless and suffering intensely; that her suffering continued through Thursday and Thursday night, and appellant, Longfellow, was again called in on Friday morning; that about 9 a ,m. of the same day both appellants saw appellee; that it was at
Appellants insist that the answers to the interrogatories are in irreconciliable conflict with the general verdict; that the answer that there was no split or fractured bone prevents a recovery on the first paragraph of complaint and that the answers in regard to the use of gasoline prevent a
The rules of law applicable to a motion for judgment on answers to interrogatories, notwithstanding the general verdict, are not in dispute here and need not be repeated.
The conclusions already announced make it unnecessary to consider in detail the other questions argued by counsel on the motion for judgment on the answers to the interrogatories.
It is not disputed that there is evidence to support the general averments of the complaint as to the employment of appellants, the history of the trouble and the rendition of the services substantially as alleged, but dispute arises as to the want of skill and diligence in diagnosing and treating the ease. There was testimony to prove that appellee suffered great pain both before and after appellants began
Mrs. Nichols, a trained nurse who saw appellee several times and assisted the doctors in dressing the limb, testified that appellee complained of her hip at the joint, and would cry whenever it was touched; that she had experience nursing patients afflicted with blood poison and it looked to her as if appellee had blood poison.
Dr. Reagan testified that if the circulation is stopped or greatly impeded, an inflammatory condition results which is termed septicaemia or blood poison; that a bandage around the limb below the knee tight enough to stop the flow of blood through the veins would develop septicaemia, which might appear in from twenty-four to forty-eight hours; that the carbonic acid gas in the tissues, if confined by a tight bandage, will produce blood poison, and that such poison thus produced in the soft tissues of the body might affect the bone, first attacking the periosteum and afterwards the bone itself; that the disease osteo-myelitis is not difficult
Dr. Ricketts testified to substantially the same effect. He also testified that a plaster east should be watched closely to see that it is not too tight, and that in a case like this he would give close attention to the extremities.
Dr. Wright testified that a bandage around the limb tight enough to stop the return of the blood will produce either gangrene or blood poison in a few hours or in a few days, depending on the pressure and the condition of the limb. His answer to the hypothetical question showed that in his opinion it was a case of blood poison; that blisters and discharge are indicative of septic poison and it may affect the periosteum and the bone. He also testified that he had made an X-ray examination of appellee’s hip some time after the treatment complained of in this case and found a dislocation of the hip. Dr. McKee also testified that under some circumstances a tight bandage or cast might produce blood poison.
Prom this testimony it appears that lay witnesses testified that while waiting on appellee the attending physicians said she had blood poison and that it was produced by a tight cast or other treatment of appellants; that medical witnesses in answer to hypothetical questions based upon the facts appellee claimed to have proven, testified that blood poison might be produced by the treatment appellants gave appellee and that from such blood poison the periosteum and bone itself might thereafter be affected; that in their opinion, based on such facts, appellee had blood poison. There was also medical testimony to show that a plaster of Paris cast should be carefully watched to see that it was not or
• Note. — Reported in 105 N. E. 178. As to liability of physicians and surgeons for negligence and malpractice, see 48 Am. Dec. 481; 93 Am. St. 657. As to the liability of a physician or surgeon for failure to diagnose fracture or dislocation, see 28 L. R. A. (N. g.) 136. As to care and skill required of physicians and surgeons, see 37 L. R. A. 830; 1 Ann. Cas. 21,306; 14 Ann. Cas. 605.