Analysis of a Healthcare Lawsuit Case

Schloendorff v. Society of New York Hospital

Mary E. Schloendorff, Appellant, v. The Society of the New York Hospital, Respondent

Court of Appeals of New York

211 N.Y. 125; 105 N.E. 92

Decided April 14, 1914.

Facts

The facts of the case are that on January in 1908, Mary Schloendorff came to the New York Hospital. She complained to the staff of suffering from pain in her stomach due to a stomach disorder. She gave the consent for an ether examination to the hospital so as to help the staff identify the odd and suspicious lump which was detected during the initial examination. When she was drugged and taken for the 'examination', a surgeon came and removed from her body, the fibroid tumor that was uncovered and later confirmed by the examination. However unfortunately, the operation caused a gangrene and infection which later lead to the amputation of a number of fingers from the hand of the patient.

Issues and Holdings

The patient, Mary Schlodendorff then sued the charity hospital because; she held the hospitals' management responsible for the actions of the nurses and doctors who are employed in it. This is the legal doctrine of respondeat superior. She did not make any claim against any singular nurse or doctor. According to Mary, she did not consent to undergoing through the tumor removal operation and had expressly informed the doctor not to operate on her body.

Legality of the Case

Mary has legal law in this case because the hospital was responsible for treading on the rights of adult individuals as well as the amputation of her fingers that was done because of the gangrene and infection which were caused as a side-effect of the tumor removal operation. In this case she had a ground to sue to the hospital. According to the Tort Law, any situation in which the behavior of the person is harmed another individual or has caused him grief or loss, in an unfair manner. The 'tort' does not have to be illegal act, however it does cause harm to another individual. Going along this law, any person who is harmed according to the mentioned circumstance, are legally allowed to recover or ask compensation of their loss.

Defense presented by the Hospital

There are a few principles of law that govern the duties and rights of the health care institutions when they are working as charitable institutions. According to the rule which is ...