LIABILITIES 83 



is also negligent is no defense in an action against 

 the physician for malpractice.^^ 



A veterinarian, ^preparatory to cauterizing a 

 spavin, so carelessly threw the animal as to rup- 

 ture its diaphragm, from which injury it died. 

 The throwing of the animal was held to consti- 

 tute a part of the treatment, and negligence there- 

 in entitled the plaintiff to recover therefor.^® 



A veterinarian in Maine was sued for the death 

 of a colt after gelding. The fact that two other 

 colts of about the same age died at about the same 

 time following the performance of the operation 

 by the same veterinarian would suggest some lack 

 of skill or care on his part, though the evidence 

 was not complete with regard to those cases. How- 

 ever, it was held by the court that it is the duty of 

 a veterinarian, after gelding a colt, to give such 

 additional care as the case may require to insure 

 good results.^'^ An operation is not finished until 

 the patient has recovered from its performance, 

 so that no further results may occur. Even when 

 an operation has been skillfully and scientifically 

 performed, there is still abundant opportunity for 

 infection to occur until after the wound has 

 healed; and when infection does occur it may be 

 exceedingly difficult to determine whether the in- 

 fection is the result of a lack of care in the opera- 

 tion itself, or in the after care of the animal. In 

 either case the operator may be held liable. A 

 payment of his fee at the time of the operation 



35 Murdock v. Walker, 43 111. ^^ Williams v. Gilman, 71 

 App. 590. Me. 21. 



36 Staples V. Steed. 167 Ala. 

 241, 52 So. 646. 



