Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-07-01
Il Lacy Iau.
THE K1MBALL MALPRACTICE CASE.
j. B. Ferrir Replies to the T,.i6unc's De-
Tense OF the Doctor.

j. B. Ferrin Replies to the Tri6unc's De-
Tense OF the Docter.
To the Editor of the Globe.
The accompanying communication was ten
dered Mr.. Blakely for publication, Blu. he evil
IDENTIFY does not intend to be fair SO I appeal
to you, and ask that in the interest of fair play
YOU will publish it in your paper:
MINNEAPo1Is June %. 1878.
To Editor Evening Tribune:
DEAR SIR l was not q little surprised this
morning by being shown in copy of your
issue of last evening, an article of about col
umn and quarter in length, devoted to the
re-trying of the suit brought by myself against
DR.. Kimball. In that article you were evident
iy so biased, Or SO very anxious to do my wit
nesses an injury. that you only tried one side
OF the case. When informed. at the approach
of my suit, that DR.. Kimball had retained
eleven attorneys, l supposed they
would be able to give him reasonably good
defense, without also retaining the press to do
his whltewashlng for him. But as some of
his attorneys deemed it advisable that all
eleven should not publicly aid in Kimball' S
defense, perhaps he thought little assistance
from the newspapers would not only be cheap
er, but extend further, perhaps the habit
has become so chronic with him to advertise all
OF his movements, that he could not even get
along with a suit for malpractice without get
ting u one-sided account of it into the news
papers, and in this as in all others, Kim.
ball Is the hero. But, candidly, MIR. Editor.
do you not think that this community has had
about enough of KS newspaper nuffs,
which are SO avshly ed on all occasions.
or do you think it important that every person
within range of your paper should know when
ever little finger is bru sed and he is told
that it was 'skillfully dressed by DR.. II. II.
Kimball.' I'll conceed that it brings the doc
tor more business than he could ever command
by his skill, but it is sometimes pretty hard on
the patients, as in my case, for l certainly
never sent for Kimball because knew him to
be ski!lful, but because he had kept his name
constantly before the public surgeon
through the medium of the daily papers. and
very naturally lis name came to my mind
rather than the surgeons who modest,
but doubtless much better qualified in then
profession, although you may regard them as
old grannles" for not being willing to trans
gress the bylaws of the American Medical asso.
citation by adopting, as Kimbail has, the cheap
advertising dodge, by which all quacks, nc
matter how ignorant, create such stir when
ever they visit or locate in city. Methinks
that, Notwithstanding your criticisms, that you
yourself must think we'll of men who struggle
along, perhaps in poverty rather than degrade
| their profession by adopting the custom of the
the filthy lucre.
You seem to gloat in indignation at the ide;
that any society in the possession of a narrow
code OF ethics should dictate to the newspaper
| fraternity (whethero or not the members of sale
society should be made odious to their brother
doctors by their conduct), relative to their bus
mess. Well, now, would it not be we'll to dc
| az you would be done by, and not meddle witt
| the doctors affairs and allow them the tam,
privilege you claim, I can't see the fairness o.
| your meddling with medical societies disci
pllne and ethics, about which you are probably
as ignorant as myself. If DR.. Kimball was un
fairly dealt with by members of the Hennepir
County Medical society, why was that vote o
| censure upon the doctor passed by tn,
State society. You say K. has given abund
ant evidence that he is able to take care o
| HIMSELF will you then explain why your ser
vices are brought into requisition? You ar
certainly in error when you say I brought tn,
suit on the advice of any doctor. But | wa
informed by one Of DR.. K. St. Paul witnesse
he (the st. Paul DOCTOR had such O. case b
/ would expect to pay for it. Your statemen
that any doctor testified that the shortening il
my limb is three-quarters of an inch is anothe
mistake. No such testimony given. as
think the reporters minutes will show, and th
average shortening of three-quarters, as test
fed to, included every kind Of a fracture of tn
l
and where there is no treatment
as well as where treated skillfully
and DR.. Kimball never called the fracture 0
my limb anything but simple fracture to m
| until he was on the witness stand, and tina
brings me to your statement that there wa
some tall lying done by somebody. Yes, Their
| was, and / think the verdict of the Jury fixes
| that on Kimballs side, even if the damage
were assessed at one dollar, and if DR.. KINDA
| can stand the testimony, can stand the SINAI
DANA -es awarded. And right here let me col
rect your statement that my witnesses were al
members of my own family. Had you bee
familiar with the trial, you would have remem
bered that myself and family were sustaine
| n our testimony by four witnesses outside O
my family. To be sure the surgeons ez
| posed to the liability of malpractice suits i
| setting fractures, but to whom is that the mos
serious questionable doctor or the patients
Did you not know when the doctor got you
apply your coat of whitewash that he was try
ing one of his bluff games to head off one q
| more cases whose suits are in contemplation
But | doubt whether the plan will work sue
cessfully. Won't you please explain littl
more definitely how the jury could find vel
dict in my favor and make DR.. Kilnbal pa
the cost, if he had treated me skilfullv.
l am Informed l had seven to K. four G
! the jury-tthe other voted blank)-for vel
dict for damages, bat rather than disagree the
compromised, throwing all cost on Kimbal
and giving me one dollar damages.
You may ait Id tie it to the e .lousy. the piqu
the apparent lack OF professional oneness an
backbiting,' where doctors criticise the
brother doctors and their students who go de
liberately to work and haggle a pregnar
woman up for the removal of tumor, an
then leave her on the table to get back to be
the best she can, and goaway and cause her t
m1scarry. and then go and steal the baby an
refuse to ever return it, but 1 say that any ma
with spark of humanity in him will condem
such an act though itshould be done by hi
brother. ask as a matter of Justice, that yo
will give this as public space as your own ar
ticle on the same subject, and then if you wis
to try Kimball's and my suit through your ps
per, if you give me space, am agreed, eve
! if it takes all summer. J. B. FERaIN.
The Hard Money Fellows.
1 DETROIT, Mich. June 23.-The homes