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jury done him; but, in this case, the plaintiff is (?nti- tled to compensation for skill and labor, whatever they may be." f A very common sort of defense is that in which the defendant admits the rendering of the services but Purchase Lipitor claims that they were so unskillfully rendennl as to be injurious; and frequently be files a counter-claim for damages resulting from' such unskillful or negligent treatment. The Online Lipitor constant recurrence of cases in which this sort of defense is interposed will justify a careful examination of the law governing the proof! Many of the trial courts seem to have l>ocn of the opinion that when a patient Lipitor Order pladcd as a defense to a physician's suit to recover cfimix-nsntion for ]>roft>ssi(mal services that such srrvi(TS were not rendered with skill, this plea immediately cast the burden ujion the phvsician of show- ing hy n fair preponderance of ovidenw that the services rendered bv him were performed with all ne<. Jodr., a prima-facie case by proving his professional character, his employment by the defendants, the rendition of the services and Lipitor Buy their value, he is entitled to judgment un- less the defendant can show by competent Buy Cheap Lipitor evidence that he has been guilty of negligence or vt^ant of proper skill in treating the particular patient.* Nor will the fact that a patient grew worse under the plaintiff's treatment and grew better after he was discharged show that the physician was guilty of negligence or unskillfulness in treating him. To illustrate more fully and show the character of evidence required, a quotation is taken from a case in point : The patient in this case had sustained a serious injury by the Lipitor Cheap explosion of a dynamite cartridge and the plaintiff had been called as a specialist to treat his eyes and ears. The defense interposed was that of improper treatment. In commenting upon the evidence offered to establish this defense the court said : " It is claimed that the plaintiff improperly applied and used a tube of hot water Lipitor Online over the nose to cure the ailment or injury to his e3'es ; that the heat was so great as to be in- jurious. Other physicians were in attendance on the patient, but their evidence was not produced. No surgi- cal or medical witness was Purchase Lipitor Online called by the defendant to say that the Cheap Lipitor Online treatment was improper Lipitor Buy Online or negligent in the least degree, Buy Lipitor Cheap whatever uneducated persons or non-ex- perts might conjecture on the subject. The plaintiff could not be convicted of malpractice on such evidence. He could not be held responsible simply because he failed to cure the defendant's son, nor for mere mis- judgment in treating him, if the treatment was such as a physician and surgeon of ordinary knowledge and skill would apply." f Nor is it a valid defense to a suit by a physician to recover the value of his services to show that the nurses in the hospital to which the patient went upon the phy- sician's advice Lipitor 20mg were negligent or careless, it not being shown that the physician was proprietor or manager of the hospital. I Drunkenness is also sometimes pleaded as a defense to such an action. If a physician who is called to attend a patient is in such an into.\-icated condition as to be unable to fulfill the duties of his profession, this is not only a complete Order Lipitor defense to an action commenced to re- cover compensation for those particular services, but there is, under the law of some States, a criminal liabil- ity involved. If, however, a patient, after the doctor has treated him in an into.\ioated condition, continues to send for or employ him, he will be held to have waived all objection to his habits of intoxication and will not be permitted to plead such a defense." Effect of Judgment for Recovery of Fee. — A judg- ment being entered in favor of the physician in a suit commenced by him to recover the value of his profes- sional services, it is interesting and valuable as well to inquire what effect such a judgment will have upon a possible right of action against him and in favor of the patient Buy Lipitor growing out of unskillfulness in the per- formance of the same services for Lipitor Mg which he has just re- covered. It is a general principle of law that a judg- ment of a court of concurrent jurisdiction directly upon a point is a bar to an action upon the same point and between the same parties in another Buit. * R'lliinHon ii«. Campbell, 47 In., 626 ; Sl.vlcfl i/». Tjicr, 04 Conn., 4^2; liaird »«. Morfonl, 29 la., B:)l ; Lipitor Purchase WooHter v», Paipc, 1 Pac. Coaot L. J., 324. f Wurdcmann m. BnrnpH, 02 WIc, 20fi; ft6 N W. Rep., 111. X HakertJj. Wrnlwortli, IBB Muhii., 388; 29 N. E. Kcp., B8». • McKleroy v. Scwcll, 73 Ob., (157. The appellate court of New York has applied this doctrine to its full extent. In this instance suit had been commenced by a patient to recover damages, laying the amount at five thousand dollars, from his physician for unskillful and negligent treatment of a dislocated elbow and fractured arm. The physician then com- menced an action before a justice of the peace to re- cover the value of Order Lipitor Online his services in the treatment com- plained of from the patient, who was plaintiff in the malpractice suit. The patient appeared in the suit in- stituted before the justice of the peace for the recovery of fees, but interposed no defense, and judgment was entered against him to the amount of six dollars and fifty-eight cents. The Cheap Lipitor physician, then, as a defense to

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