Supreme Court of Pennsylvania, 1937

Ward v. Garvin

Ward v. Garvin
Supreme Court of Pennsylvania · Decided December 9, 1937 · Barnes, Drew, Linn, Maxey, Schaffer, Stern
195 A. 885; 328 Pa. 395; 1938 Pa. LEXIS 427

Ward v. Garvin

Opinion of the Court

Per Curiam,

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.