Boyce v Brown - b. procedural issue: directed verdict....

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CASE: Boyce v. Brown Court: SC of Arizona 77 P.2d 455 (Ariz. 1938) P280 Torts Facts a. Plaintiff/Nannie Boyce and her husband Defendant/Edgar Brown b. After plaintiff's ankle was surgically repaired with a screw, plaintiff wife complained to defendant that it still hurt. Defendant taped the ankle, and filed the edge of an arch support. Plaintiff never returned to defendant, instead going to another doctor some two years later who x-rayed the ankle, removed the screw, and the ankle healed normally. c. (1) C/A: medical malpractice (2) relief requested: (3) defenses raised: Procedural History: a. Lower court’s ruling(s): directed verdict for defendant. b. Damages awarded: n/a c. Appellant: plaintiff Issues: a. substantive issue Whether the defendant doctor is liable for malpractice for misdiagnosing the plaintiff’s injury. - The plaintiff relies on the fact that a layman knows that a x-ray usually offers the best diagnosis.
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Unformatted text preview: b. procedural issue: directed verdict. Disposition (judgment): Affirmed. Holding: Plaintiffs failed to produce evidence of the standard of care required of defendant. Rule of Law or Legal Principle Applied: 6 part test found on page 280-81. #6 states that the accepted rule is that negligence on the part of a physician or surgeon, by reason of his departure from the proper standard of practice, must be established by expert medical testimony, unless the negligence is so grossly apparent that a layman would have recognized it. Reasoning: Nowhere did Dr. Kent testify as to whether the proper procedure would have been to take an X-ray of the ankle in 1934. Concurring/Dissenting Opinions: Additional Comments/Personal Impressions:...
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This note was uploaded on 10/21/2009 for the course ??? Torts I taught by Professor Ragan during the Fall '09 term at Florida Coastal School of Law.

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