The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-05-22
THE CASE OF MALPRACTICE.

The action tor damages Instituted by
JOHN KEMP rs. Drs. MCCeY and Ed
WARDS, and which has been occupying
the Circuit Court, as we'll as the atten-
ton of large class of citizens for sever
al days, was concluded last evening by
the grand jury failing to agree and being
finally discharged.
The circumstances of the case are quite
we'll known to he community, and need
not be detailed here. The plaintiff Is
minus an eye which he charges was lost
to hlm by the unskilliul operation of DR..
EDWARDS in attempting to remove a
fragment of iron that had been
imbedded in his eye for about three
wears. The case was closely contested
by able counsel on both sides. Nearly
all the physicians Of the city were array
ed on one side or the other as witnesses
in the case. Medical Libraries were con-
veyed into the court room, counsel and
Jurors set themselves to the study o: the
organization of that delicate and COM
pllcated member, the eye; and after sew
eral days of close and tedious discussion
of the subject, the unprofessional jury,
very wisely, perhaps, concluded that they
knew nothing about it.
We are not sorry for the influence
this case has had upon the minds OF the
community. Although no result has
been reached as between the pa ties
themselves, we believe it has had the
effect OF defining TO some extent the re-
lations in which every family are con-
cerned, and which are often abused, no
doubt, as no other relations are or can be
The work of the physician is seldom
allowed to pass the scrutiny OF compe'
tent ard unprejudiced critic. We put
our families in his hands, and contide to
him the administration of such remedies
as he alone prescribes without knowing
or being able to ascertain whether he has
done wisely or criminslly.
In the case of the lawyer, he Is follow
ed by AL astute opponent, who Is COM
pe,ent and eager TO detect any eccen.
trici,y Ia his practice, and bring him at
once to Judgment, ard SO it is more OF
less IN all the professions save that OF the
physician. He pursues his work silently
and alone, with only the conhding pa
tient to witness, and he seldom able 10
Judge of the effects of his treatment. de
may send him to his grave, AS is often
done, but dead men tell no tales And
It is only in an occasional instance, such
as the one in question. that any opportu-
nitv is afforded to scrutinize and detect
\ lack OF skill in his offices.
awe are glad, too, that the PIalntin
had the courage 10 60 into court oi
Justice in this case and inquire ot his
rights and remedies. And in saying this
we mean no reflection upon the Skill oi
the physicians concerned, nor do we mean
to intimate by any word or thought, tha'
the operation in question was or was
not unskllitully performed, or tEat any
case was made against the defend
ants. But there is somewhat
prevalent impression in this con-
ne:tion, that it is not IN goo1 tas''
or that some other dcmerit attaches to an
action o. the nature. 1t would be bettei
for the community, and for the meclca
profession too, I've mean the worthy
members of it, if there were more cases
of the kind-if the "quack" and the bun
pler. and the murderer -tor-pay OF his fei
low men were exposed ard os!raciset
from the community.
Nor can any reason be assigned wh!
a man should not have redress in
court of law for injuries of such nature
Ifs blacksmith advertises himself a
competent to shoe my horse and prick
him, the law compels the smith to pay th
damage. 1t is no excuse to say sn''
was an accident. He has no business =
make q mistake. He has no right t