Brown v. Shyne Ct. Of App, Of N.Y.,

242 N.W. 176,151 N.E. 197 (1926)

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Nature of the Case

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Facts

Shyne (D) was a practicing chiropractor without a license. D had no license to practice medicine but held himself out as being able to diagnose and treat disease. D was guilty of a misdemeanor. Brown (P) employed D to treat her. P had been suffering from laryngitis and went to D’s office. P consulted D as a chiropractor, but D claimed to possess skill for diagnosis and treatment of disease. She became paralyzed after nine treatments and claims it was from the sessions with D. P sued for negligence. At the close of P’s case, P was permitted to amend her complaint to allege that D was engaged in the practice of medicine without a license. The judge instructed the jury that it could hold D to the standard of care for those treating disease. The judge instructed the jury that the violation of the statute is some evidence of negligence which the jury may consider for what it is worth along with all the other evidence in the case. D appealed a verdict for P in the sum of $10,000.