84 ESSENTIALS OF VETERINARY LAW 



would not be considered as a release from liability, 

 unless such release were clearly indicated. It fol- 

 lows, therefore, that after an operation the sur- 

 geon should be watchful for the slightest evidence 

 of unfavorable results. This is especially neces- 

 sary in the care of animals, for those responsible 

 for their care are frequently unfitted, through lack 

 of special education, to detect and appreciate early 

 symptoms of trouble. 



55. Liability for Accidents. In veterinary 

 practice it is quite common, in order to reduce the 

 expense of treatment, that the owner of the animal 

 treated furnishes needed assistance to the veteri- 

 narian, either personally, or by the aid of his 

 regular helpers. In case of accidents the question 

 arises. Who is liable ? A physician is liable to his 

 assistants if he assures them that there is no dan- 

 ger, and by virtue of trusting to his professional 

 knowledge harm results, such as becoming infect- 

 ed with a disease.^^ When the assistant has been 

 warned of the danger it would be generally held 

 that he was guilty of contributory negligence, and 

 the veterinarian or physician would be freed from 

 liability. A hospital was held liable for the diph- 

 theria which the nurse contracted from one of her 

 patients, it being shown that cultures taken 

 showed that the first case was one of diphtheria, 

 but the nurse was not informed of the fact.-'^^ 



A physician or surgeon is held liable if it bo 



■ts Spa V. Ely, 8 Hun, 255 ; ^s Hewett v. Woman 's Hospi- 



Edwards v. Lamb, 69 N. H. tal Aid Assn., 73 N. H. 556. 

 599, 45 At. 480, 50 L. E. A. 

 160. 



