[Download] "Cummins v. Donley" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Cummins v. Donley
- Author : Supreme Court of Kansas
- Release Date : January 08, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The opinion of the court was delivered by This is an action to recover damages for malpractice. Defendant's demurrer to plaintiff's petition on the ground that it and defendant appeals. Plaintiff, for her first cause of action, alleges that defendant is a practicing osteopathic physician; that in May, 1948, she employed defendant in his professional capacity as an osteopathic physician to treat her, and after an examination defendant diagnosed her illness as being caused by a defective, diseased and infected gall bladder and that it would be necessary to remove the gall bladder by surgery; that she was immediately thereafter placed in the Donley Osteopathic Hospital and Clinic at Kingman, Kan., for the purpose of having the operation performed by defendant. Defendant advised her that he would need assistance in performing the operation and suggested she obtain the services of a Doctor Bush for that purpose; that she immediately followed the defendant's suggestion and employed Doctor Bush to assist defendant in removing plaintiff's gall bladder, and on May 7, 1948, she was placed under a general anesthetic in the mentioned hospital under the professional supervision of the defendant and his requested assistant; immediately thereafter the defendant and Doctor Bush performed an operation upon her and she was not conscious in the operating room and did not know the exact procedure followed, but that prior to the operation she was informed that it was for the purpose of removing the defective, diseased gall bladder; following the operation the defendant advised the plaintiff the operation had been performed but the gall bladder was not found; that they did not remove the gall bladder nor did they examine the same or do anything whatever during the performance of the surgical operation to relieve the diseased and infected condition of the gall bladder; she remained in the mentioned hospital for fourteen days, during which time she was totally and completely disabled and in a serious and dangerous condition. Thereafter she was removed to her home where her condition grew rapidly worse, and defendant did nothing further to relieve her serious condition, although he had knowledge thereof; that her condition became quite critical and on the 5th day of July, 1948, she was removed to St. Francis Hospital at Wichita, Kansas, and there examined by Doctor Pauley. Her condition was again diagnosed by Doctor Pauley as a defective, diseased and infected gall bladder, and on July 8, 1948, Doctor Pauley removed by surgery the ball bladder; that the same had bursted and caused additional infection, and her condition was critical for many days; the later operation disclosed the defective, diseased and infected gall bladder of plaintiff which had not been previously removed. She remained in the Wichita hospital for twenty-two days, then returned to her home at Kingman; that as a result of the actions of the defendant, plaintiff suffered extreme and excruciating pain, loss of sleep, extreme nervousness, an emaciated condition, and her general physical condition has been seriously and detrimentally affected, and by reason of her pain, suffering and permanent injuries has been damaged in the sum of $20,000.