The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-13
ASKS COIN BALM.
Mrs. Lillian Sly Wants Big Dam
age From Physician.
Charges Malpractice, Seeks
S2,615 Of DIR. Powell.
SHE LOST A FINGER.
Injured Member Amputated by
Surgeon at Wichita.
Five Local Doctors Gave Woman
Treatment Is Evidence.

The trial of a damage suit against
Dr. l. NJ. Powell by Mrs. Lillian Sly,
| a dry goods clerk, e1leging malpractice
and asking $2,615 for the loss of the in
| deX finger of her right hand, is occupy
| ing the district court today.
According to ire opening statement Of
]. B. Larimer. who with Judge T. +.
| Carver is counsel for the plaintiff, Mrs.
! Sly, on the evening of November Is,
1908, at the home of her mother, Mrs.
L. A. Smith, 1920 Tyler street, suffered
the diSlocation of the finger by a fall
| ing ironing board. DR.. Powell. family
! physician, was called, set the joint, a
fracture of the bone, and left directions
but in the following days neglected the
patient so that she went to DR.. Keith.
had the finger rediSlocated, reset, and
finally had DR.. Basham in wichita
amputate the painful member March IL
of the present year.
The Plaintiff sat with the disfgured
hand gloved with black glove. Her at
torneys stated that previously she been
an excellent seamstress, an accom-
plished pianist. and that the loss Of
the finger deprived her of the enjoy
ment of her art and that the long
period of treatment of the finger was
period of severe pain.
r. w. Blair, who with BENJAMIN
Scandrett conducts the defense of the
doctor, made an exhaustive statement
of the case to the jury.
Five doctors besides DR.. Powell had Il
turn with the finger before it was am
putated. Some of these doctors Will
testify, he said that Mrs. Sly is a neur-
asthenic. or a person SO nervously coll
situted or afflicted that she is f1dgity,
excitable, and changeable.
Powell Did Work Well.
Evidence will show. said the attor-
ney, that DR.. Powell set the bone cor
rectly and after a few days told her to
come to his Office so that he could
work the joint and prevent a stiffening
of it. He also told her not to go back
to work She did not come to the Of
flee for the treatment but did go back
to the store and used the injured hand.
The pain in the finger is to be at
tributed to neuritis, an injury to
nerve.
But not satisfied with DR.. Powelrs
care Mrs Sly went to DR.. S. G. Stew
art, and not satisfied with DR.. Stewart
consulted DR. W. F. Bowen, surgeon.
about an operation. He advised against
it and said DR.. Stewart was doing well.
Then the patient went to DR.. H. H.
Keith and DR.. J. NJ. Amis who reset
the Joint though they will say, said
the attorney, that they told her it
would do no good,~r Then in Wichita.
visiting. she Went TO a DR.. Basham and
had the finger cut. off.
A Tubercular Growth.
This physician will testify that
slight growth on the injured finger
which he amputated was of tubercular
origin. DR.. Powell. as family physician.
had treated the woman's brother who
died of tuberculosis.
The defense will contend that at the
time the plaintiff passed from the care
of DR.. Powell her finger was straight
and in as good condition as could be.
and grew stiff only because it had not
had the passive" treatment or
"loosening up each day
Mrs. l. A. Smith. mother of the
plaintiff. was first called to the witness
chair and told of the accident and the
"excruciating" pain. She admitted on
cross examination that the finger look
ed like it had been well set