TORTS-MALPRACTICE-DUTY OF DRUGLESS HEALER TO REFRAIN FROM OR DISCONTINUE TREATMENT

Authors

Morton L. Simons, University of Michigan Law School

Abstract

Defendant, a drugless healer licensed under statute as a sanipractor, undertook to treat plaintiff for what both parties realized was diabetes. Defendant followed standard sanipractic procedure, prescribing diets and baths. The treatment was unsuccessful, and plaintiff's health deteriorated greatly. Apparently on the theory that a sanipractor incurs no liability if he follows the accepted methods of his school, the trial court, notwithstanding jury's verdict for plaintiff, rendered judgment for defendant. On appeal, held, reversed and remanded, with directions to enter judgment on the verdict Where a drugless healer knows or should know that his method of treatment is not of a character productive of reasonable success, it becomes his duty to cease and desist from treating the patient and to advise him to seek other relief. Carney v. Lydon, (Wash. 1950) 220 P. (2d) 894.

Recommended Citation

Morton L. Simons, TORTS-MALPRACTICE-DUTY OF DRUGLESS HEALER TO REFRAIN FROM OR DISCONTINUE TREATMENT, 49 Mich. L. Rev. 774 (1951).
Available at: https://repository.law.umich.edu/mlr/vol49/iss5/17