[Download] "Cady v. Fraser" by Colorado Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: Cady v. Fraser
• Author : Colorado Supreme Court
• Release Date : January 24, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

It first is urged that "treatment after discharge and in spite of protest is malpractice similar to an assault and damaged is presumed." The substance of the testimony on that point is that defendant was employed, not by the plaintiff, but by the plaintiffs employer, or his insurer, for treatment of the fractured ankle; that sometime during his eighty-one day stay in the hospital, plaintiff told defendant that he wanted an orthopedic doctor, and defendant replied that he didnt need one and that the insurance company wouldnt stand for the expense; that thereafter plaintiff told defendant "to get off the case," but he refused, and continued with his treatment and care; that plaintiff had someone at the hospital call his employer to ask for the services of another physician and did not get one; that he then had his daughter call up "the state industrial bureau" and that as a result, Dr. Barnard, a bone and joint surgeon of twenty years experience in that field, came and examined him, in consultation with defendant, and that thereafter plaintiff made no further attempt to obtain the services of another physician or to discharge defendant. There is no testimony that plaintiff at any time refused the ministrations of defendant or suffered them unknowingly. His own testimony discloses that he accepted such ministrations, reported to defendant the fact and locations of his pain, and that after his discharge from the hospital he voluntarily went to defendants office for further examination, and has continued since his hospitalization to use an elastic stocking prescribed by him.

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