Quillen v. Skaggs

• Decision Date: 21 February 1930
• Citation: 233 Ky. 171
• Court: United States State Supreme Court — District of Kentucky
• Parties: Quillen v. Skaggs.

233 Ky. 171

Quillen v. Skaggs.

Court of Appeals of Kentucky.

Decided February 21, 1930.

1. Pleading. — Where defendant failed to deny charge in plaintiff's petition that he was a physician and surgeon, and as such conducted and operated a hospital, he admitted he was proprietor of hospital.

2. Hospitals. — Doctor could be proprietor of hospital in which patient was injured, although he conducted hospital business in leased property.

3. Hospitals. — In suit against defendant, as physician and surgeon, and also as proprietor of hospital, for burns received from hotwater bottle while plaintiff was under influence of anaesthetic, evidence showing that plaintiff submitted to doctor's care, hospitalization, and anaesthetization, and that, when she recovered consciousness, a part of skin had by needless burning been destroyed, and she was still in defendant's hospital and under his care, held to have made prima facie case of responsibility on part of defendant without showing who burned her.

4. Hospitals. — It was duty of physician and surgeon, as proprietor of hospital, to use ordinary care to see that bed in which plaintiff patient was placed after operation, while unconscious, was in fit condition for her reception, and to see that she was not needlessly burned by hot-water bottles.

5. Hospitals. — Paid hospital is responsible for injuries to patient resulting from negligence.

6. Hospitals. — Where patient, while under influence of an anaesthetic after operation, received burns from hot-water bottle in bed in which she was placed, doctrine of res ipsa loquitur applied.

7. Negligence. — Application of doctrine of "res ipsa loquitur" makes prima facie case for plaintiff so far as negligence is concerned by merely shifting to defendant the burden of producing evidence on the subject, but presumption is rebuttable, and means no more

than that plaintiff is entitled to favorable finding, unless defendant introduces evidence to overcome it.

Appeal from Letcher Circuit Court.

STEPHEN COMBS, JR., for appellant.

F.J. EVERSOLE and ASTOR HOGG for appellee.

OPINION OF THE COURT BY DRURY, COMMISSIONER

Reversing.

Eliza Quillen sued Dr. H.R. Skaggs for $3,000 alleged damages resulting to her from a burn she received while under the influence of an anaesthetic. At the conclusion of her evidence, the court directed the jury to find for the defendant, and she appeals.

In the petition it is alleged that Dr. Skaggs at the times named in the petition was a physician and surgeon, and as such conducted and operated a hospital at Fleming in Letcher county, Ky. The doctor does not deny this.

In failing to deny this charge in Miss Quillen's petition, the doctor admits he is the proprietor of a hospital. Plaintiff alleges that on or about June 20, 1928, she had an attack of appendicitis, and employed defendant as a physician and surgeon to operate on her and treat her therefor, and that he did so, and that during the operation and afterwards, and while she was under the influence of an anaesthetic administered to her by the defendant, he negligently placed, or permitted to be placed, under her body a bottle containing hot water, and negligently and carelessly permitted said hot-water bottle to be and remain under her body during the operation and afterwards, thereby burning her back, body, and limbs permanently injuring her, and causing her much mental and physicial pain and suffering, etc.

For answer the doctor denied that during the operation or afterwards, or while Miss Quillen was under an anaesthetic, he placed or permitted to be placed, under her a bottle filled with hot water, or negligently or carelessly permitted it to be or remain under her body during the performance of said operation or afterwards or at all, or that she was burned, injured, damaged, or made to suffer thereby.

The proof was rather meager, but the plaintiff did prove the allegations of her petition, and did establish that there was a burn on her body about five by nine inches in area, from which she suffered intensely, and that Dr. Skaggs treated this burn while she was in the hospital, and she was treated by another physician therefor for about two months after she went home. She testified that, while this burn has healed, it still gives her trouble, and itches, and breaks out in little pimples; that before this operation she was employed in the post office, and that after the operation the scar was drawn as a result of this burn, and it interfered with her walking; that the movement of her leg hurt these burns; and that, because of it, she was unable to resume her employment.

Dr. Bently described this wound as located on the gluteal region; in other words, it is on that part of the body whereon the weight of the body rests when one is seated.

In two respects, the evidence thins down almost to the point of vanishing. The first relates to where this operation was performed and the hospitalization was had.

The record shows Dr. Skaggs was not only a physician and surgeon, but was also the proprietor of a hospital, and that he performed this operation. The reasonable inference is the doctor did this work in his hospital.

Miss Quillen testifies she was operated on in the Fleming Hospital, and the reasonable inference is she received her hospitalization in the Fleming Hospital. The evidence connecting Dr. Skaggs with the Fleming Hospital is rather weak, but a Mrs. Harrison, a nurse, testified she was at the Fleming Hospital in June, 1928, working for Dr. Skaggs, that she assisted Dr. Skaggs in this operation, and that she discovered a hot-water bottle beneath Miss Quillen, who was then still unconscious, and she removed it, and that Miss Quillen received this burn from that hot water bottle. She further testified there was no burn on Miss Quillen when she was taken from...