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Torts Keyed to Prosser
Boyce v. Brown
Facts
Ms. Boyce sought the services of the Defendant, a medical doctor, to reduce a fracture of her ankle. The Defendant performed the operation, using a metal screw to keep the bones in place. Seven years latter, the Ms. Boyce returned to the defendant complaining of pain in her ankle. The Defendant examined the ankle and wrapped it before sending her home. For the next two years, the ankle continued to worsen and Ms. Boyce eventually saw a second doctor who surgically removed the screw, offering Ms. Boyce a full recovery. The Plaintiffs sued the Defendant for malpractice, claiming he was negligent in not removing the screw when Ms. Boyce returned to his office seven years after surgery. At trial, the second doctor testified to the condition of Ms. Boyce’s ankle at the time she was seen by him, but could not say if the Defendant acted outside the scope of proper medical standards when the Plaintiff was seen two years prior.
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