35 Pa. Super. 320 | Pa. Super. Ct. | 1908
Opinion by
The defendant’s wife had been ill and under the care of the family physician for about six months, without any apparent improvement in her condition. The husband was informed of a doubt in the physician’s mind as to the exact character of the disease, and of his desire to have a consultation with a specialist in order to make a proper diagnosis. The plaintiff was selected with the knowledge and consent of the defendant and of his wife, who submitted hérself to a thorough examination by the two physicians. The treatment which had been applied and the diagnosis which had been announced by the family physician was approved and confirmed by the consultant. After a demand had been made for the fee charged by the plaintiff; and payment thereof had been refused by the defendant, this action' was brought to recover it, and the defense interposed being, that the employment of the plaintiff was only to satisfy the mind of the family physician as to the exact nature of the malady of the wife, and that the diagnosis reached was erroneous;-that the charge for such a