James W. Runnells v. Gaylon R. Rogers

The basic facts are not in dispute. On April 14, 1976, petitioner, while operating his power lawnmower, ran over a piece of wire throwing it into his foot, resulting in a puncture would, with the wire being imbedded in the foot. He went immediately to the Baptist Hospital where he was seen by the respondent, Dr. Rogers. Dr. Rogers examined the foot, took X-rays, and made an unsuccessful effort to remove the imbedded bit of wire. He gave petitioner some capsules for infection and told him to go home, stay off his feet and come back the following Friday, two days later. No effort was made after this initial consultation to remove the wire.