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Article
June 22, 1935

Medicolegal

JAMA. 1935;104(25):2294. doi:10.1001/jama.1935.02760250072042

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Abstract

Malpractice: Physician's Liability Not Removed by Award Under Workmen's Compensation Act.—  The plaintiff was injured in the course of his employment. He himself employed and paid the defendant, a physician, to treat him. The injured workman, the insurance carrier, and the industrial commission effected a settlement of the workman's claim under the workmen's compensation act. The physician-defendant was not a party to the settlement, nor, since he had been employed and paid by the workman, was he in privity with the employer, on whose behalf the insurance carrier acted. Nevertheless, when his former patient instituted suit against him he pleaded that in the settlement the plaintiff, his patient, received compensation for all his injuries, including the injury alleged to have resulted from the defendant's treatment. In the district court, Wells County, the plaintiff's suit was dismissed, and he then appealed to the Supreme Court of Colorado.The question is, said

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