vol2 - Page 34
Page 34
Previous ,
Next ,
Original Image
Return to Index
• surgical procedure clai_d to have been unnecessary° The court quoted from an
Arizona court declsion holdllng that
.-, -:-:+..
_.a _ethod of treatment, as espouse_ and used by o o _ a
-._ ' --.-,;.: ;:_re_c, ab-l_ minority of physicians i_ the United States,
cannot be said to be aB inappropriate method of treat-
merit or to be malpractice as a mal_ter of law ever though
it has not beer accepted as a proper method of treatment
by the. _edlc_l profess io_ generally®
[bi_ air294. Not-i_gthat the Parietal Oistri_ct court i_ the Arizona case found
a "respectable minority _ composed of sixty-five physicians throughout the Uniter
States, the Texas court adopted a_ "the better rule" to apply i_ its cases that
a physicla_ is net guilty of malpractice _here the
method of treatment used is supported by a respect-
able minority of physicians®
Ibid.
l_ Chumbler v. I_cClure, 505 F_2d 489 (6th Cir. Ig74) the Federal courts
_ere dealing _ith a medical malpractice case under their diversity jurisdictio_
applying Tennessee laws The Court of Appeals said:
. _ The _st favorable l_terpretation that may be
placed on the testimony adduced at trial belo_ is
that there i_ a division of opinlo_ in the medical
professlo_ regarding the use of Premarin in the Treat_
merit of cerebral vascul_r l_sufficiency, and that Dr_
McCIure _as alone among neurosurgeo_s i_ Nashville in
using such therapy. The test for malpractice and for
co_nlty standards is not to be determined solely by
a plebiscites Where two or more schools of thought
exist among competent members of the medical profess
sio_ concerning proper medlcal treatment for _ given
ailn_nt, each of which is _ported b___ responsible
C_
Previous ,
Next ,
Return to Index