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Hurley v Eddingfield (2).doc

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Supreme Court of Indiana.

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HURLEY v.EDDINGFIELD

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156 Ind. 416 (1901)

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BAKER, J.

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The appellant sued appellee for $10,000 damages for wrongfully causing

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the death of his intestate. The court sustained appellee's demurrer to the

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complaint, and this ruling is assigned as error.

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The material facts alleged may be summarized thus: At and for years

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before decedent's death appellee was a practicing physician at Mace, in

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Montgomery county, duly licensed under the laws of the state. He held himself

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out to the public as a general practitioner of medicine. He had been decedent's

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family physician. Decedent became dangerously ill, and sent for appellee. The

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messenger informed appellee of decedent's violent sickness, tendered him his

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fee for his services, and stated to him that no other physician was procurable in

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time, and that decedent relied on him for attention. No other physician was

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procurable in time to be of any use, and decedent did rely on appellee for

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medical assistance. Without any reason whatever, appellee refused to render aid

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to decedent. No other patients were requiring appellee's immediate service, and

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he could have gone to the relief of decedent if he had been willing to do so.

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Death ensued, without decedent's fault, and wholly from appellee's wrongful act.

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The alleged wrongful act was appellee's refusal to enter into a contract of

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employment. Counsel do not contend that, before the enactment of the law

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regulating the practice of medicine, physicians were bound to render professional

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service to every one who applied. Whart. Neg. § 731. The act regulating the

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practice of medicine provides for a board of examiners, standards of qualification,

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examinations, licenses to those found qualified, and penalties for practicing

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without license. Acts 1897, p. 255; Acts 1899, p. 247. The act is a preventive, not

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a compulsive, measure. In obtaining the state's license (permission) to practice

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medicine, the state does not require, and the licensee does not engage, that he

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will practice at all or on other terms than he may choose to accept. Counsel's

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analogies, drawn from the obligations to the public on the part of innkeepers,

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common carriers, and the like, are beside the mark.

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Judgment affirmed.