This section contains the nature of the case and procedural background.

In 1927, Boyce (P) saw Dr. Brown (D) to fix a fracture in her ankle. Bone fragments were positioned and secured by use of a metal screw placed in the bone during an operation. D continued to attend P for three or four weeks until a complete union of the bone had been established. In 1934, P returned to D, complaining that her ankle was giving her considerable pain. D examined and taped the ankle and then filed the edge of her arch support which was worn sharp. After one week, D removed the tape. The pain and swelling continued and got worse. In 1936, P saw Dr. Kent who found discoloration and swelling in the same ankle and took an x-ray. It showed necrosis of the bone around the screw. Dr. Kent operated and removed the screw and P made an uneventful and complete recovery. P sued D for negligence from the 1934 treatment and in not taking an x-ray. Dr. Kent testified that it was proper to take an x-ray in 1936, but could not express an opinion of P's condition in 1934. A directed verdict was given to D. P appealed; the failure to take an X-ray was a departure from the standard of care that was so obvious that even a layman would now that D was negligent.

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