holding that the plaintiff could not maintain a contract claim based upon a physician's failure to use due care because "[t]he law implies a duty on the part of a physician to exercise due care; it does not imply a promise on his part to do so"
How later courts described this case
- holding that the plaintiff could not maintain a contract claim based upon a physician's failure to use due care because "[t]he law implies a duty on the part of a physician to exercise due care; it does not imply a promise on his part to do so"
Written by the judges who cited it.
The opinion
Although I continue to hold the view expressed in my dissenting opinion in Bonds v. Brown , 368 So.2d 536 (Ala. 1979), I recognize that the majority does not share that view. Therefore, I will no longer persist in dissent.