Opinion
Gen. No. 44,517. (Abstract of Decision.)
Opinion filed March 16, 1949 Rehearing denied April 19, 1949 Released for publication April 20, 1949
MEDICINE AND SURGERY, § 15 — evidence of negligence of dentist. Evidence which, when construed most favorably to plaintiff, tended to show that plaintiff's jaw was fractured during process of extraction of a tooth by defendant dentists, that at time of extraction there was no pathology in mandible, that fracture was traumatic in origin, that osteomyelitis in left side of plaintiff's mandible developed after fracture of jaw, that 14 days elapsed after extraction before plaintiff was informed that X-ray showed a fracture of jaw bone, that no attempt was made to immobilize jaw for 20 days after it had been broken, and that dentist exacted a promise from plaintiff binding her to postpone consultation with other physicians and that unsterilized instruments were used in rewiring plaintiff's teeth warranted conclusion that dentists did not use skill and care in extracting tooth, and in treatment of plaintiff thereafter, ordinarily used by persons in their profession in similar circumstances; hence judgment for defendants notwithstanding verdict for plaintiff was improper.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. ORAL P. TULLE, Judge, presiding.
Reversed and remanded with directions. Heard in the third division, first district, this court at the October term, 1948.
Thomas W. Winton, for appellant;
Charles D. Snewind, of counsel;
Burt A. Crowe, for appellees;
Carl E. Abrahamson, of counsel.
Not to be published in full. Opinion filed March 16, 1949; rehearing denied April 19, 1949; released for publication April 20, 1949.