Pikeville Methodist Hospital v. Donahoo

Decision Date25 October 1927
Citation299 S.W. 159,221 Ky. 538
PartiesPIKEVILLE METHODIST HOSPITAL v. DONAHOO.
CourtKentucky Court of Appeals

Appeal from Circuit Court, Pike County.

Action by Felix Donahoo against the Pikeville Methodist Hospital. From a judgment against the hospital, it appeals. Reversed and remanded.

Stratton & Stephenson, of Pikeville, for appellant.

Vanover & Vanover and F. P. Damron, all of Pikeville, for appellee.

LOGAN J.

In his petition appellee alleged that he was injured in January 1925, as the result of a fall which broke and fractured his right arm between the elbow and the shoulder; that he was placed in the charge of appellant, Pikeville Methodist Hospital, and put in the care of Dr. W. C. Gardner for medical and surgical treatment; that Dr. Gardner, acting for himself and for the hospital, undertook to give him medical aid and surgical treatment for his broken arm, and that after having done so Dr. Gardner placed him in bed, and "unskillfully, negligently, carelessly, and unprofessionally placed upon the forearm and hand of plaintiff's said broken arm, an electric heating apparatus or appliance, which was placed so close to the plaintiff's said hand and arm, and permitted to and did remain in such position for several hours, with sufficient heat in said electric apparatus and appliance to and did burn and cremate the flesh on the said hand and arm, and that by reason of said burning and cremating, caused by the unskillful, negligent, careless, and unprofessional conduct and acts of the said Gardner, as aforesaid, the skin and flesh quickly fell from his said hand and arm, and that the said Gardner thereby was caused to and did. wrongfully unskillfully, and unprofessionally, amputate the said arm between the elbow and shoulder joint, all without consulting with plaintiff's physician, to wit, Dr. Z. A. Thompson and without the consent and against the will of the plaintiff." The negligence alleged in the petition is directed at the negligence of Dr. W. C. Gardner, and unless he was the agent or servant of appellant there is no negligence alleged against appellant hospital.

Dr Gardner demurred to the petition, and the demurrer was overruled. He filed his answer, which is first a traverse, and in a second paragraph he affirmatively pleads that he was employed by the employer of Donahoo to render surgical aid to him, and that he did so by giving his injuries the necessary surgical attention in accordance with the generally accepted practices of modern surgery; that after having so treated the injuries of appellee he was discharged from the hospital; and that appellee himself was then guilty of such negligence and carelessness in failing and refusing to comply with the instructions given him as to bring about an infection which made necessary the amputation of his arm.

The Metal Products Company was the employer of appellee at the time of his injury, and one Flynn was its superintendent in charge of the work, and it was Flynn, according to the allegations of Dr. Gardner, who employed him to give attention to appellee. This is denied by appellee in reply, and he further traversed the affirmative allegations in the answer.

Thereafter the appellant, Pikeville Methodist Hospital, filed its separate answer. The answer is a traverse of the petition and in a second paragraph it alleged that appellee was placed in the hospital by the Metal Products Company, and he was given surgical treatment by Dr. Gardner, who continued to treat him until he was discharged from the...

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12 cases
  • Sessions v. Thomas D. Dee Memorial Hospital Ass'n
    • United States
    • Utah Supreme Court
    • April 25, 1938
    ... ... employees. In Geiger v. Simpson ... Methodist-Episcopal Church , 174 Minn. 389, 219 N.W. 463, ... 464, 62 A. L. R. 716, the Supreme Court of ... 1916D, 1029; Davin v. Benevolent Ass'n , ... 103 Kan. 48, 172 P. 1002; Kentucky: Pikeville Meth ... Hospital v. Donahoo , 221 Ky. 538, 299 S.W. 159; ... Cook v. John N. Norton ... ...
  • Rhodes v. Millsaps College
    • United States
    • Mississippi Supreme Court
    • October 4, 1937
    ... ... McDonald v. Massachusetts General Hospital, 120 ... Mass. 432, 21 Am. R. 529. This is said to be the pioneer case ... Mich ... Hospital, 130 Mich. 493; Bruce v. Central Methodist ... Ep. Church, 147 Mich. 230, 110 N.W. 951, 10 L. R. A. (N ... S.) ... Jewish Hospital Assn., 193 Ky. 400, ... 236 S.W. 577; Pikeville Methodist Hospital v ... Donahoo, 221 Ky. 538, 299 S.W. 159; Williams ... ...
  • Davis v. Austin
    • United States
    • Missouri Supreme Court
    • December 16, 1941
  • Koehler v. Ohio Valley General Hospital Ass'n
    • United States
    • West Virginia Supreme Court
    • December 22, 1952
    ... ... 740; Hogan v. Chicago Lying-In Hospital and Dispensary, 335 Ill. 42, 166 N.E. 461; Pikeville Methodist Hospital v. Donahoo, 221 Ky. 538, 299 S.W. 159; Emery v. Jewish Hospital Association, 193 ... ...
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