Opinion
December 9, 1937.
January 3, 1938.
Negligence — Physicians — Mistake in diagnosis.
A physician is not responsible merely for an error of judgment or a mistake of diagnosis in the treatment of a patient.
Argued December 9, 1937.
Before SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 325, Jan. T., 1936, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1932, No. 5407, in case of Emily S. Ward and her husband, Willard H. N. Ward, v. Eugene Garvin. Judgment affirmed.
Trespass for personal injuries. Before PARRY, J.
Compulsory nonsuit entered. Motion to take it off refused. Plaintiffs appealed.
Error assigned, among others, was refusal to take off nonsuit.
Hugh Roberts, for appellants.
Charles E. Kenworthey, for appellee, was not heard.
Plaintiffs, husband and wife, seek recovery of damages from defendant, a physician, upon a claim that he made a mistake in diagnosing an injury to the wife's foot. The court below entered a compulsory nonsuit, which it refused to take off, relying upon our decisions, the latest of which is Duckworth v. Bennett, 320 Pa. 47, 181 A. 558, where we held that a physician is not responsible for an error of judgment or a mistake in diagnosis in the treatment of a patient. The action of the court below was correct.
Judgment affirmed.