Gruginski v. Lane

• Decision Date: 02 April 1934
• Docket Number: 24951.
• Citation: Gruginski v. Lane, 177 Wash. 121, 30 P.2d 970 (Wash. 1934)
• Parties: GRUGINSKI v. LANE et ux.
• Court: Washington Supreme Court

30 P.2d 970

177 Wash. 121

GRUGINSKI v. LANE et ux.

No. 24951.

Supreme Court of Washington

April 2, 1934

Department 1.

Appeal from Superior Court, Cowlitz County; H. W. B. Hewen, Judge.

Action by John Gruginski against C. W. Lane and wife.From a judgment in favor of the plaintiff, the defendants appeal.

Judgment affirmed.

John F McCarthy, of Longview, and Senn & Recken, of Portland, Or for appellants.

W. H Sibbald, of Kelso, for respondent.

MAIN Justice.

This action was brought to recover damages which resulted from the malpractice of a physician and surgeon.The trial resulted in findings of fact, from which the court concluded that the plaintiff was entitled to recover.Judgment was entered against the defendants in the sum of $4,000, from which they appeal.

The facts are these: The appellant C. W. Lane is a physician and surgeon located at Castle Rock, Cowlitz county Wash., who will be referred to as the only partyappellant.During the night of October 10, 1932, the respondent, a young man twenty-one years of age, in an automobile accident sustained a compound fracture of the humerus about three inches above the elbow.He called upon the appellant, who took him to the hospital at Longview.There the appellant called in another surgeon to assist him.At the time the arm was bruised, was bleeding, and a small piece of bone was protruding through the flesh.An operation was performed, the fracture reduced, and the arm placed in what is known as an aeroplane splint.The frame portion of the splint was attached to the body, and the portion which sustained the arm projected forward and was sustained by braces in order that the arm might be kept in its natural position.The portion which held the arm was concave, and made of aluminum.The arm was bandaged, and the respondent remained in the hospital for a period of eleven days.Two or three times, while he was in the hospital, the bandages were removed and fresh bandages put on.

After leaving the hospital, the respondent went back to Castle Rock and called upon the appellant two or three times each week.During this period of time the bandages were not removed, and from time to time additional bandages were put on.When the bandages were removed, approximately three weeks after the respondent left the hospital, and the splint was taken off, the respondent had what is known as Volkmann's Contracture, which is evidenced by inability to straighten the wrist and fingers.The injury to the arm, the medical testimony agreed, was permanent.The extent of the injury was such as practically deprived the respondent of the use of the arm from the elbow down.

The cause of the injury, it seems to be agreed by the doctors was starvation of the muscles and nerves for lack of arterial blood.Upon the question as to what caused the lack of this blood, the medical testimony is in dispute.The theory of the respondent was that the bandages had been placed upon the arm too tight, and that this shut off the flow of arterial blood and resulted in the condition mentioned.In support of...