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Dodson v. Pohle

Supreme Court of Arizona

January 14, 1952

DODSON et al.
v.
POHLE et al

Reversed and remanded.

J. LaMar Shelley, of Mesa for appellants.

Shimmel, Hill & Hill, of Phoenix for appellees.

Phelps, Justice. Udall, C. J., and Stanford, De Concini and La Prade, JJ., concur.

OPINION

Phelps, Justice.

[73 Ariz. 187] This is an appeal from an order granting defendant-appellee's motion for a directed verdict and from the judgment entered thereon in favor of appellee and against appellant.

On the 23rd day of January, 1949, Mabel Dodson, wife of Lestus Dodson, gave birth to Martha Jane Dodson in the Tempe Clinic Hospital located in Tempe, Arizona, with the defendant Dr. Ernest E. Pohle, the owner of said hospital, as attendant physician.

As a part of the services rendered by defendant in obstetrical cases, it is his practice to care for the newly-born infant for a period of two months.

Martha Jane was a healthy baby at the time of her birth and free from any disfigurement on her face. Some three weeks after birth she contracted a severe cold and was taken to defendant's hospital on February 16. Upon examination it appeared the cold had developed into acute trachial laryngeal bronchitis. She was immediately hospitalized and placed under an oxygen

Page 592

tent where she remained until February 23. Because of the severity of the bronchial ailment it was believed by defendant and his staff to be necessary to also administer medicated steam inhalation. This was done by injecting steam vapor into the oxygen tent.

The oxygen tent used was described as "an apparatus which covers the infant in [73 Ariz. 188] order that oxygen can be given in concentrated form, so that they can breathe easier and clear up their bluish condition which results from lack of oxygen." It fits over the child, covering most of the body down to the chest. There are two openings in it for the purpose of controlling the pressure by releasing the oxygen on the opposite end of the tent from which it is introduced.

A KAZ vaporizer was used in administering the medicated vapor, which is described by defendant as "a gadget that is so arranged that medication can be put in it and then there is water in the bottom, and a connection is formed by the water so that steam is formed in the holding compartment. This steam warms the medicated solution so that the medicated solution goes out with the steam through a spout ...


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