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January 13, 1934


JAMA. 1934;102(2):157-158. doi:10.1001/jama.1934.02750020069043

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Malpractice: Failure to Make Preoperative Examination; Delegation of Professional Duty.—  The defendantphysician removed the tonsils of the plaintiff's husband, under general anesthesia. The husband died four or five days thereafter, the death certificate stating the cause of death to be: "Acute dilatation of heart following anesthetic for tonsil operation." In this suit, the plaintiff alleged that the defendant so negligently performed the operation and so negligently failed to treat and care for the patient after the operation that death ensued as a proximate result. The trial court gave judgment for the plaintiff and the defendant appealed to the Supreme Court of Alabama.The plaintiff testified that no preoperative examination was made of her husband by any one despite the fact that she told the defendant that her husband had recently had influenza and suggested that his heart had better be examined. Whether any preoperative examination was made and whether such

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