LEGAL RESPONSIBILITY FOR MEDICAL MALPRACTICE

This study has ranged widely; I shall now narrow its orbit and focus sharply on the American scene. The first of malpractice to be carried to an American court of appeal, so far as I can discover, was that of Cross v. Guthery , decided by the Supreme Court of Errors of Connecticut 1794 (2 Root 90, 1 Am. Dec. 61). The plaintiff brought an action on the case against the defendant, a practicing physician who professed to be skilled surgery. The plaintiff alleged that his wife had a scrofulous humor one of her breasts which required its removal and that he employed the defendant, who performed the operation in so unskillful and cruel a manner, that the plaintiff's wife survived by but three hours. The plaintiff prayed for damages the sum of £1,000 to cover his costs and expense and to repay him for the