doctor performed vasectomy instead of circumcision, and patient sued for battery; when doctor raised as defense a one year statute of limitations, court held that doctor’s acts could also amount to negligence, with a longer period of limitations
How later courts described this case
- doctor performed vasectomy instead of circumcision, and patient sued for battery; when doctor raised as defense a one year statute of limitations, court held that doctor’s acts could also amount to negligence, with a longer period of limitations
- although the practice of obtaining a signed authorization is "laudable in every respect," it is not required
Written by the judges who cited it.
The opinion
Mr. Justice Bradfield
dissenting.
I approve the majority opinion for reversal and for direction of dismissal as to defendant, Postma. I must *83 respectfully dissent in its direction for retrial as to defendant, Maercklein. The majority opinion found plaintiff’s evidence insufficient to sustain the alleged contract, also insufficient to sustain the alleged negligence. In my opinion plaintiff having failed to prove his vital allegations, the case should be dismissed for insufficient evidence. I find no grounds justifying a retrial of these issues.