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Ricks v. Budge

Supreme Court of Utah
64 P.2d 208 (1937)


Facts

Ricks (plaintiff) had an infected right hand and sought immediate medical treatment from physician partners, Drs. S.M. Budge and D.C. Budge (defendants). At the physicians’ office, Ricks was examined by S.M. Budge and told that his hand was getting worse. D.C. Budge also examined the hand and indicated that it needed to be opened. Ricks was instructed to go immediately to the hospital. At the hospital, S.M. Budge went to Ricks’ room and refused to provide further medical treatment to his hand until he paid for previous, unrelated treatment rendered by the Budges. Ricks left the hospital and was examined by another physician who believed his condition to be dire. He immediately operated, but Ricks’ finger had to subsequently be amputated. The trial court found in favor of the Budges and Rick appealed the ruling.

Rule of Law

Issue

Holding and Reasoning (Hanson, J.)

Concurrence/Dissent (Folland, J.)

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