Solorio

Plaintiffs sought damages from three doctors and a hospital for the death of their son, allegedly the result of malpractice. The sole experts called by plaintiff in this jury trial were the defendant doctors. Motions for nonsuit were made when plaintiffs rested. The court offered plaintiffs an opportunity to present additional medical evidence. The offer was not accepted, and nonsuit was granted as to all defendants. Plaintiffs appeal only from the judgment in favor of Drs. Lampros and Truitt.

Raul A. Solorio, 22, accompanied his parents when they took his 4-year-old brother to the hospital emergency room March 6, 1964, for treatment of lacerations. As the brother’s lacerations were being cleaned, Raul apparently fainted. He fell backward, striking his head on the steel frame of a bed and then on the floor. Dr. Lampros, a general practitioner, examined and treated Raul. The next morning, he visited the patient again, and called Dr. Truitt, a neurologist, for consultation. The two doctors examined the patient, and left orders that one of them be called by the nurses if specific conditions arose. They did not specify that the call should be made to Dr. Truitt. At about 8…