Carney v. Lydon
| Decision Date | 01 August 1950 |
| Docket Number | 31322. |
| Citation | 220 P.2d 894,36 Wn.2d 878 |
| Parties | CARNEY et ux. v. LYDON et ux. |
| Court | Washington Supreme Court |
Department 1. Vedova, Horswill & Yeomans, Seattle, for appellants.
Christ D Lillions, Seattle, for respondents.
This is an appeal from an order granting a motion for a judgment notwithstanding the verdict of the jury in favor of the appellants. The action was brought to recover damages arising out of sanipractic treatment given to appellant by respondent. Dorothy R. Carney and John E. Lydon will be referred to as appellant and respondent respectively.
Appellant had been informed by her physician that she had diabetes. She was averse to the administration of insulin. She consulted respondent, who informed her that by his method of treatment of diabetes neither insulin nor other drugs were used. Respondent made an examination of appellant by ascertaining her weight, temperature, respiration, and heart action. Specimens of urine and blood were sent to laboratories for analysis. A fluoroscopic examination of the torso was made. Further examination was made to discover where there might be congestion, swelling and spastic conditions prevalent in the ailment of which appellant complained, and also to note reflexes and her general bodily condition. The conclusion reached was that her system was overtoxic. The organs of the body were more or less affected, especially the pancreas. There was a general lowering of vitality. Diets were prescribed and instructions given in regard to baths. The purpose was to eliminate the poison from the body and thereby increase vitality. As treatments progressed respondent was of the opinion there was much improvement in the condition of appellant.
There is evidence in the record from which the jury could have concluded that appellant lost weight, had intermittent swelling of her ankles, a numbness in the lower limbs, impediment in vision a general physical weakness, and had become irritable. After taking forty-one treatments appellant became alarmed, ceased taking them and entered a hospital. After a period of hospitalization and taking insulin, the condition of appellant improved to such an extent as to enable her to live a comparatively normal life.
We gather from the remarks of the trial judge when ruling upon the motion for a judgment notwithstanding the verdict that he considered a licensed sanipractor when operating within his school of treatment should be governed by the same rules applicable to a physician, and, following the pronouncements made in Fritz v. Horsfall, 24 Wash.2d 14, 163 P.2d 148, was of the opinion that malpractice...
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...breaches these duties, he is held to the standard of care of a reasonable chiropractor in the same circumstances. Carney v. Lydon, 36 Wash.2d 878, 880, 220 P.2d 894, 224 P.2d 634 (1950); 19 A.L.R.2d at 1192. See generally Hayes v. Hulswit, 73 Wash.2d 796, 797, 440 P.2d 849 The trial court f......
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Hansen v. VIRGINIA MASON MEDICAL CENTER, 48156-8-I.
...that the "gravamen" of the case was tort rather than contract liability. Yeager, 26 Wash.2d at 562, 174 P.2d 755. In Carney v. Lydon, 36 Wash.2d 878, 220 P.2d 894 (1950), the Court considered a case against another drugless healer who had undertaken to cure a patient's diabetes. On appeal, ......
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Carney v. Lydon, 31322.
...D. Lillions, Seattle, for respondents. PER CURIAM A departmental opinion in this case was filed August 1, 1950, and was published in 220 P.2d 894. We reversed the notwithstanding the verdict and remanded the case to enter a judgment thereon. We have recalled the remittitur so that we may re......