[DOWNLOAD] "Coddaire v. Sibley" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Coddaire v. Sibley
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 22, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

CROSBY, J. This is an action of tort to recover for injuries alleged to have been suffered by the plaintiff's intestate caused by negligence of the defendant, a dentist, in the making and insertion of artificial plates in the mouth of the intestate, and by negligent treatment and advice of the defendant relative thereto. Philipp Desjardins, the intestate, who will hereafter be referred to as the plaintiff, testified at the trial, and died shortly after a verdict in his favor was returned. The action is now prosecuted by the administrator of his estate. The case is before this court upon exceptions to the refusal of the trial Judge to admit one offer of proof and to grant these motions: (1) To direct a verdict for the defendant at the close of the evidence, (2) to strike out the testimony of a witness called by the plaintiff at the Conclusion of his testimony, on the ground that it was based, to a large extent at least, upon theories of diagnosis that were without medical or scientific authority, and therefore without basis for submission to the jury, and (3) to strike out the testimony of the same witness especially so far as it was based on an 'electronic test.' There was evidence tending to show the following facts: The plaintiff was forty-four years of age. In April, 1927, he employed the defendant who extracted nineteen teeth, which were all the plaintiff had at that time. The next day when he returned to the defendant's office his mouth was in good condition. About two months later, when the defendant took impressions for the purpose of making artificial plates, his mouth was then in good condition, and the defendant so stated to him. About the middle of September following, the defendant inserted two plates in the plaintiff's mouth, and the latter then complained of pain. The defendant removed the plates, and at various times thereafter before April, 1928, attempted to fit them, the total number of visits to the defendant's office before that date being twelve or fifteen. At the last visit the defendant said to the plaintiff, 'Oh, that is nothing, just a little canker,' and he burned it and told the plaintiff to put iodine on it. The defendant then put the plates back in the plaintiff's mouth. He had told the plaintiff when he first filed the plates that one of them was too long. The plaintiff testified that about two or three weeks before he was last treated by the defendant the latter kept the plates over night replacing them in the plaintiff's mouth the next day, and said to him, 'They are all right now -- wear them until you are used to them'; that the left side of his face was swollen 'in the jaw' and in bad condition. The plates were admitted in evidence and showed that they were rough in places, and if worn would tend to cause an irritation. There was further evidence that as a result of irritation a cancer developed in the plaintiff's mouth. There was medical testimony to the effect that the plates were in such condition that they would cause irritation by reason of rough and sharp edges, and that they were not made in a good and workmanlike manner.

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