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.*7 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 Ill. 37 Williams v. Gilman, 71 
App. 590. Me. 21. 
36 Staples v. Steed. 167 Ala. 
241, 52 So. 646. 
