Case Review Assignment Example:

CITATION: Cross v. Guthery, 2 Root 90 (Conn. 1794)

FACTS: The case of Cross v. Guthery is known as the first major law case in the U.S. A

physician was held legally responsible for negligence in 1794. Dr. Guthery performed surgery on

Mrs. Cross after she discovered that something was wrong with her breast. Dr. Guthery removed

her breast and shortly after she bled to death. A bill was sent to Mr. Cross after his wife’s death

for 15 pounds. Mr. Cross then decided to take legal action against Dr. Guthery in which he

requested 40 pounds for his wife’s death (Pozgar, 2019, p. 23).

ISSUE: Did the surgery Dr. Guthery performed on Mrs. Cross after she discovered something

was wrong with her breast result in her bleeding to death? Should Mr. Cross be responsible for

paying bill rendered by Dr. Guthery (Pozgar, 2019, p. 23)?

HOLDING: A jury dismissed Guthery’s bill and awarded Mr. Cross 40 pounds as compensation

for the loss of his wife’s companionship (Pozgar, 2019, p. 23).

REASON: Dr. Guthery performed surgery on Mrs. Cross resulting in removing her breast and

shortly after she bled to death. The court ruled in favor of the victim, writing that the doctor was

required to perform the surgery with “skill and safety” but instead performed it “in the most

unskillful, ignorant and cruel manner, contrary to all the well-known rules and principles of

practice in such cases” (Karlson & Erwin, 1979, p. 653).

PERCEPTION:

• Political- This case could be seen as the first recorded malpractice case involving a

physician; marking the beginning of substantial recurring malpractice cases in the field of

healthcare (Pozgar, 2019, p. 23).

• Social: This case could have been detrimental to Dr. Guthery’s reputation as a physician

and his practice.

• Economic: This case was an economic loss to Dr. Guthery and economic gain to Mr.

Cross.

References:

Pozgar, G. D. (2019). Legal aspects of health care administration (13th ed.). Jones & Bartlett

Learning.

Karlson, H. C. & Erwin, R. D. (1979). Medical malpractice: Informed consent to the locality

rule. Indiana Law Review, 12(4), 653.