Dean v. Dyer

[64 CalApp2d Page 649] This is a malpractice action. The defendant practiced medicine in San Diego, specializing in the treatment of the eye. On April 15, 1941, he removed a cataract from the plaintiff's right eye. The operation was apparently successful and on April 20th the plaintiff was discharged from a hospital in San Diego and taken to his home near Escondido, some 40 miles away. The defendant testified that at that time the plaintiff's eye ""was all healed, as far as I could see"" and that on that date the plaintiff ""could see very good"" and ""quite clearly."" The plaintiff returned to the defendant's office for inspection on April 22d and on April 24th. This action involves only what happened on the latter occasion.