BOYCE v. BROWN Sup. Ct. of Ariz,, 51 Ariz. 416, 77 P.2d 455 (1938). CASE BRIEF

BOYCE V. BROWN

Sup. Ct. of Ariz,, 51 Ariz. 416, 77 P.2d 455 (1938)

NATURE OF THE CASE: This case was an appeal from a directed verdict that denied damages for medical malpractice.

FACTS: In 1927, Boyce (P) saw Dr. Brown (D) to fix a fracture in her ankle. Bone fragments were positioned and secured by use of a metal screw placed in the bone during an operation. D continued to attend P for three or four weeks until a complete union of the bone had been established. In 1934, P returned to D, complaining that her ankle was giving her considerable pain. D examined and taped the ankle and then filed the edge of her arch support which was worn sharp. After one week, D removed the tape. The pain and swelling continued and got worse. In 1936, P saw Dr. Kent who found discoloration and swelling in the same ankle and took an x-ray. It showed necrosis of the bone around the screw. Dr. Kent operated and removed the screw and P made an uneventful and complete recovery. P sued D for negligence from the 1934 treatment and in not taking an x-ray. Dr. Kent testified that it was proper to take an x-ray in 1936, but could not express an opinion of P's condition in 1934. A directed verdict was given to D. P appealed; the failure to take an X-ray was a departure from the standard of care that was so obvious that even a layman would now that D was negligent.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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