The case involved a patient who sued two physicians practicing in partnership after one treated his broken arm, allegedly causing permanent loss of use due to negligent bandaging and follow-up care. A jury awarded the plaintiff $1,000, and the defendants appealed the trial judge's jury instructions on partnership liability as well as the denial of a new trial motion. The court affirmed the judgment, holding that partners guarantee reasonable care by each other within the scope of their practice and are jointly liable for resulting negligence, though not for wanton acts outside that scope; the charge did not prejudice the appellants. The new-trial motion raised only factual sufficiency issues, which were not reviewable on appeal, and no legal error regarding damages was properly preserved.

torts & liabilityhealthcareprocedure