Byrom v. Eastern Dispensary and Casualty Hospital, 8172.

• Citation: 136 F.2d 278,78 US App. DC 42
• Decision Date: 14 June 1943
• Docket Number: No. 8172.,8172.
• Parties: BYROM et al. v. EASTERN DISPENSARY AND CASUALTY HOSPITAL, et al.
• Court: United States Courts of Appeals. United States Court of Appeals (District of Columbia)

78 US App. DC 42, 136 F.2d 278 (1943)

BYROM et al. v. EASTERN DISPENSARY AND CASUALTY HOSPITAL, et al.

No. 8172.

United States Court of Appeals for the District of Columbia.

Argued February 9, 1943.

Decided June 14, 1943.

Mr. Leroy S. Bendheim, of Washington, D. C., with whom Messrs. Lawrence Koenigsberger and Lewis Jacobs, both of Washington, D. C., were on the brief, for appellants. Messrs. Morris Simon and Eugene Young, both of Washington, D. C., also entered appearances for appellants.

Mr. H. Mason Welch, of Washington, D. C., with whom Messrs. John Ryan Daily and J. Harry Welch, both of Washington, D. C., were on the brief, for appellees.

Before GRONER, Chief Justice, and MILLER and VINSON, Associate Justices.

PER CURIAM.

This is an action to recover damages for malpractice brought against appellee hospital and Dr. Young, the attending physician. Appellant Callie Byrom sustained a fracture of her wrist as the result of a fall. She went to the hospital where she received first-aid and returned to her home. As a result of continued pain she was the same evening taken back to the hospital for further treatment. On the day following X-ray pictures of the fractured wrist were taken and disclosed a comminuted Colles fracture. Dr. Young, who was officially connected with the hospital, administered an anesthetic and, with the aid of a fluoroscope, set the wrist and placed the arm in a cast. At the end of about three weeks Dr. Braden, in charge of the case in the absence of Dr. Young, removed the top part of the cast. Mrs. Byrom testified the arm then appeared withery and small and parts of bone protruded under the skin. Upon Dr. Young's return the remainder of the cast was removed, but the swelling did not go down, there was stiffness in the wrist joint, and the arm pained Mrs. Byrom severely. She said that the doctor, observing the condition, appeared excited, but that when she inquired of him what was wrong, he replied nothing, and advised her to go home and bathe the arm in hot Epsom salts and to massage it with cocoa butter. This she did, all the while suffering considerable pain. She said that on one occasion she asked another hospital doctor for an X-ray, but was advised against it, and that on another, when she returned to the hospital and pressure was applied to the arm, the pain was so great she could not stand it, and Dr. Young remarked that it would be a grand thing if the arm were broken again, but the course of treatment was not altered. After this incident Mrs. Byrom did not go back to Dr. Young, nor to the hospital, but went to Dr. Smiler, who had an X-ray made of her arm. This showed that union had not been accomplished because the bone fragments were not in apposition. Dr. Smiler performed two operations. As a result of these, and by heat and massage treatments, there was a lessening of the pain and a more satisfactory use of the arm, but the fracture itself was never completely healed.

On the trial appellees introduced the testimony of three qualified experts who, in answer to hypothetical questions embracing the testimony of Dr. Young as to his treatment, said that his method of treatment corresponded generally with good surgical practice in the District of Columbia.

At the conclusion of all the evidence the District Judge, over appellants' objection, instructed the jury as...