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Keywords

contractplaintiffdefendantnegligencetestimonyburden of proofjury instructions

contractplaintiffdefendantnegligenceburden of proofjury instructions

Related Cases

McNamara v. Emmons, 36 Cal.App.2d 199, 97 P.2d 503

Facts

Iva McNamara suffered a leg injury and was treated by Dr. Walter A. Sullivan, an employee of Dr. Calvert L. Emmons. The plaintiffs alleged negligence on the part of Dr. Sullivan for failing to prevent infection and for not treating Mrs. McNamara at their request when she was in San Bernardino. After initial treatment, Mrs. McNamara's condition worsened, leading to a serious infection, and she was hospitalized for an extended period. The defendants argued that their obligation to treat her was limited to their office in Ontario, where the treatment contract was established.

The negligence alleged and relied upon consists (1) in the failure of Dr. Sullivan to exercise ordinary care to prevent the infection of a wound suffered by Mrs. McNamara and (2) failure of defendants to leave their offices in Ontario and go to San Bernardino (or Colton) and treat Mrs. McNamara when requested to do so by her husband.

Issue

Did the defendants have a legal obligation to treat Mrs. McNamara in San Bernardino after initially treating her in Ontario, and were the jury instructions regarding the standard of care appropriate?

Rule

A physician is not required to treat a patient outside the agreed location of treatment unless there is a general contract for ongoing care. The standard of care is determined by the practices of other physicians in the same community.

A physician is not required to treat a patient outside the agreed location of treatment unless there is a general contract for ongoing care.

Analysis

The court found that the defendants had no obligation to follow Mrs. McNamara to San Bernardino for treatment, as the contract was limited to their office in Ontario. The jury was properly instructed that the plaintiffs needed to prove the standard of care based on expert testimony from physicians familiar with the practices in Ontario, which the plaintiffs failed to provide. The court noted that the evidence presented by the plaintiffs did not establish a lack of due care by the defendants.

The court found that the defendants had no obligation to follow Mrs. McNamara to San Bernardino for treatment, as the contract was limited to their office in Ontario.

Conclusion

The appellate court affirmed the judgment in favor of the defendants, concluding that the plaintiffs did not meet their burden of proof regarding the standard of care and that the jury instructions, while containing some errors, did not prejudice the plaintiffs' case.

The appellate court affirmed the judgment in favor of the defendants, concluding that the plaintiffs did not meet their burden of proof regarding the standard of care.

Who won?

Defendants (Dr. Calvert L. Emmons and Dr. Walter A. Sullivan) prevailed because the court found that the plaintiffs failed to prove negligence and that the defendants were not obligated to treat Mrs. McNamara outside their office in Ontario.

Defendants were entitled to proper instructions on this phase of the case.

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