Sauers v. Smits

CourtUnited States State Supreme Court of Washington
Writing for the Court[49 Wash. 558] RUDKIN, J.
Citation95 P. 1097,49 Wash. 557
Decision Date04 June 1908
PartiesSAUERS et ux. v. SMITS.

95 P. 1097

49 Wash. 557

SAUERS et ux.
v.
SMITS.

Supreme Court of Washington

June 4, 1908


Appeal from Superior Court, Chehalis County; Mason Irwin, Judge.

Action by G. J. Sauers and wife against Paul Smits for malpractice. Judgment for defendant, and plaintiffs appeal. Reversed, and new trial ordered.

W. H. Abel, for appellants.

J. B. Bridges, for respondent.

[49 Wash. 558] RUDKIN, J.

This action was instituted to recover damages for malpractice. Without going into the details of the complaint, the substance of the plaintiffs' cause of action is that during the early part of the year 1906 [95 P. 1098] the plaintiff Mrs. Sauers was suffering from an ailment of the foot, and applied to the defendant, who is a regularly licensed physician and surgeon, for treatment. The treatment prescribed and administered consisted in the daily exposure of the affected member or part to the light and rays of an X-ray machine for a period of about a month, each exposure lasting from 15 to 30 minutes. After this course of treatment had continued for some two weeks, the foot began to swell, itch, and burn. The treatment continued for about two weeks longer, at the expiration of which time the entire left side of the foot from the toe to the heel was severely burned, so that the skin came off and a large angry sore, involving the whole side of the foot, was formed; and, by reason of the treatment prescribed, the foot is permanently injured, the patient has been rendered a cripple for life, and the injury will probably necessitate the amputation of the foot. The negligence charged is that the defendant failed to shield or protect the foot from the X-rays, that he should have discontinued the X-ray treatment as soon as the burning and scalding of the foot made its appearance, and that the tube or bulb of the X-ray machine was placed too close to the foot. Issue was joined on the complaint, and, from a judgment and verdict in favor of the defendant, the plaintiffs have appealed.

Two questions have been presented for the consideration of this court: First, the sufficiency of the evidence to warrant the submission of the case to the jury; and, second, the accuracy of one of the instructions given by the court. The testimony on the part of the appellants tended to show that there were 17 daily exposures of the foot to the X-ray machine, except on one date toward the last when the patient was unable to attend the hospital; that no shield was used to [49 Wash. 559] protect the foot from the X-rays; that the tube or bulb of the X-ray machine was placed not to exceed two or three inches from the foot; that the exposures after the first lasted from 25 to 30 minutes; that at the expiration of about two weeks from the first exposure the foot became very red and itched...

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9 practice notes
  • Whitmore v. Herrick, No. 38636.
    • United States
    • United States State Supreme Court of Iowa
    • March 6, 1928
    ...Ann. Cas. 1918E, 256;Evans v. Clapp (Mo. App.) 231 S. W. 79; 20 Ruling Case Law, 187, § 156; 21 Ruling Case Law, 407; Sauers v. Smits, 49 Wash. 557, 95 P. 1097, 17 L. R. A. (N. S.) 1242;Delahunt v. United Telephone & Telegraph Co., 215 Pa. 241, 64 A. 515, 114 Am. St. Rep. 958;Hunter v. ......
  • Whitmore v. Herrick, 38636
    • United States
    • United States State Supreme Court of Iowa
    • March 6, 1928
    ...458 (159 N.W. 1073); Evans v. Clapp (Mo. App.), 231 S.W. 79; 20 Ruling Case Law 187, Section 156; 21 Ruling Case Law 407; Sauers v. Smits, 49 Wash. 557 (95 P. 1097); Delahunt v. United Tel. & Tel. Co., 215 Pa. 241 (64 A. 515); Hunter v. Burroughs, 123 Va. 113 (96 S.E. 360). There appear......
  • Baxter v. Snow, 5011
    • United States
    • Supreme Court of Utah
    • July 31, 1931
    ...use of a dangerous agency such as an X-ray machine, where by long exposure the skin of the patient was severely burned ( Sauers v. Smits, 49 Wash. 557, 95 P. 1097, 17 L. R. A. (N.S.) 1242; Runyan v. Goodrum, 147 Ark. 481, 228 S.W. 397, 13 A. L. R. 1403); and by cases such as the case of Mor......
  • Flynn v. Stearns, No. A--254
    • United States
    • New Jersey Superior Court – Appellate Division
    • October 3, 1958
    ...of the injuries as resulted from the negligence chargeable to the patient himself.' Examples of this type of case are: Sauers v. Smits, 49 Wash. 557, 95 P. 1097, 17 L.R.A.,N.S., 1242 (Sup.Ct.1907); Wilmot v. Howard, 39 Vt. 447, 94 Am.Dec. 338 (Sup.Ct.1867); DuBois v. Decker, 130 N.Y. 325, 2......
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9 cases
  • Whitmore v. Herrick, No. 38636.
    • United States
    • United States State Supreme Court of Iowa
    • March 6, 1928
    ...Ann. Cas. 1918E, 256;Evans v. Clapp (Mo. App.) 231 S. W. 79; 20 Ruling Case Law, 187, § 156; 21 Ruling Case Law, 407; Sauers v. Smits, 49 Wash. 557, 95 P. 1097, 17 L. R. A. (N. S.) 1242;Delahunt v. United Telephone & Telegraph Co., 215 Pa. 241, 64 A. 515, 114 Am. St. Rep. 958;Hunter v. Burr......
  • Whitmore v. Herrick, 38636
    • United States
    • United States State Supreme Court of Iowa
    • March 6, 1928
    ...458 (159 N.W. 1073); Evans v. Clapp (Mo. App.), 231 S.W. 79; 20 Ruling Case Law 187, Section 156; 21 Ruling Case Law 407; Sauers v. Smits, 49 Wash. 557 (95 P. 1097); Delahunt v. United Tel. & Tel. Co., 215 Pa. 241 (64 A. 515); Hunter v. Burroughs, 123 Va. 113 (96 S.E. 360). There appears, h......
  • Baxter v. Snow, 5011
    • United States
    • Supreme Court of Utah
    • July 31, 1931
    ...use of a dangerous agency such as an X-ray machine, where by long exposure the skin of the patient was severely burned ( Sauers v. Smits, 49 Wash. 557, 95 P. 1097, 17 L. R. A. (N.S.) 1242; Runyan v. Goodrum, 147 Ark. 481, 228 S.W. 397, 13 A. L. R. 1403); and by cases such as the case of Mor......
  • Flynn v. Stearns, No. A--254
    • United States
    • New Jersey Superior Court – Appellate Division
    • October 3, 1958
    ...of the injuries as resulted from the negligence chargeable to the patient himself.' Examples of this type of case are: Sauers v. Smits, 49 Wash. 557, 95 P. 1097, 17 L.R.A.,N.S., 1242 (Sup.Ct.1907); Wilmot v. Howard, 39 Vt. 447, 94 Am.Dec. 338 (Sup.Ct.1867); DuBois v. Decker, 130 N.Y. 325, 2......
  • Request a trial to view additional results

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