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defendantnegligenceappellant

defendantnegligenceappealverdictmotionappellant

Related Cases

Gian-Cursio v. State, 180 So.2d 396

Facts

Roger Mozian was diagnosed with tuberculosis in 1951 and had been under medical care until he refused hospitalization and drug treatment recommended by his doctor. He then sought treatment from Dr. Gian-Cursio, a chiropractic physician, who treated him with a vegetarian diet and fasting, without drugs. Dr. Epstein assisted in this treatment in Florida. Mozian's condition worsened, and he eventually died in May 1963 after being hospitalized and receiving appropriate medical treatment, which was too late to save him.

The record discloses that one Roger Mozian died of pulmonary tuberculosis in May of 1963… His treatment of the patient was without drugs and by a vegetarian diet, interspersed with fasting periods… Eventually, in May of 1963 he was hospitalized, where through other doctors he was given drugs and other approved treatment for the disease but within a matter of days he died, on May 16, 1963.

Issue

Did the chiropractic physicians exhibit culpable negligence in their treatment of Roger Mozian, leading to his death?

Rule

Manslaughter through culpable negligence occurs when a person's actions, whether through gross ignorance or negligence, result in the death of another, regardless of the practitioner's intent or licensure.

‘The killing of a human being by the act, procurement or culpable negligence of another, in cases where such killing shall not be justifiable or excusable homicide nor murder, according to the provisions of this chapter, shall be deemed manslaughter…’

Analysis

The court found that the treatment provided by the appellants was not only inappropriate for a patient with active tuberculosis but also that it likely exacerbated the patient's condition. The jury was presented with sufficient evidence to conclude that the defendants' actions constituted culpable negligence, as they failed to provide the standard of care expected in treating such a serious illness.

From the evidence the jury could, and no doubt did conclude that the treatment afforded by the appellants advanced rather than retarded the patient's tuberculosis infection and caused his death, and that their method of treatment of this tuberculosis patient amounted to culpable negligence as it has been defined in the decisions of the Supreme Court of this State.

Conclusion

The court affirmed the convictions of the chiropractic physicians for manslaughter through culpable negligence, concluding that their treatment of the patient was grossly negligent and directly contributed to his death.

No reversible error having been made to appear, the judgments in appeals numbered 64-514 and 64-561 should be and hereby the affirmed.

Who won?

The State prevailed in the case, as the court upheld the convictions of the chiropractic physicians based on the evidence of their negligent treatment.

The court was eminently correct in denying defendants' motions for directed verdict and in submitting the issue of their alleged culpable negligence to the jury.

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