Chumbler v. McClure
United States Court of Appeals for the Sixth Circuit
505 F.2d 489 (1974)
Chumbler (plaintiff) was injured in an electrical explosion and was subsequently diagnosed with a cerebral vascular insufficiency. McClure (defendant), a neurosurgeon in Nashville, Tennessee, treated Chumbler’s illness by prescribing a female hormone, estrogen, marketed under the name Premarin. Common side effects of taking the drug included breast enlargement and loss of libido. McClure was the only neurosurgeon in the Nashville area to use the drug therapy to treat cerebral vascular insufficiency. In fact, there was a division among neurosurgeons in Nashville regarding how best to treat the illness and, as a result, there lacked a standard treatment plan. The trial court granted a directed verdict for McClure on the grounds that Chumbler failed to sufficiently show a deviation from accepted medical practice.
Rule of Law
Holding and Reasoning (Rubin, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.