Boyce v. Brown

Nannie Boyce (plaintiff) fractured her ankle in 1927, and Dr. Brown (defendant) surgically inserted a stabilizing screw. Seven years later, when her ankle began hurting again, Brown treated her with tape and a filed-down arch support but did not take an x-ray. When the ankle still didn't improve, Boyce saw Dr. Kent in 1936, who x-rayed the ankle, removed the screw, and achieved essentially a full recovery. Boyce sued Brown for malpractice, including a claim that his failure to x-ray the ankle in 1934 was such obvious negligence that laymen would recognize it. At trial, Kent testified he would have taken an x-ray himself but could not say Brown's failure to do so deviated from the medical standard of the time or that he could identify when the screw should have been removed. The trial court directed a verdict for Brown, and Boyce appealed.