Clara Rudick, Now Clara Rosenberg v. Prineville Memorial Hospital, Denison M. Thomas, M.D., and Charles E. Donley, M.D.

This is a diversity action for malpractice against a hospital and two doctors. 28 U.S.C. § 1332 . One doctor (Thomas) was a general practitioner; one (Donley)' was an expert in radiology and roentgenology.

Plaintiff below was denied recovery as to either individual defendant, and this-appeal follows. 28 U.S.C. § 1291 .

Because of the unusual method pursued by appellant’s counsel in presenting his legal questions in this case, a fairly extensive resume of the testimony, and more particularly the expert medical testimony presented, is essential to an understanding of the matter.

Appellant was badly injured in an automobile accident occurring near Mitchell, Oregon, on May 25, 1957. She was-treated by defendant Dr. Thomas in the emergency room of the Prineville .Memorial Hospital in Prineville, Oregon, on the night of the accident. After debriding and suturing severe scalp lacerations, appellant was taken to an x-ray room. She had complained of' pain in the sacral, thoracic and cervical regions of her spine, of pain in her ribs, right shoulder, knee and head. X-rays- were taken of her cervical spine, right shoulder, right ribs and pelvis. The x-ray view of the cervical spine was…