What was the impact of the Schloendorff v Society of New York hospitals ruling?
Conclusion: The court affirmed the decision of the lower court and held that the charitable hospital was immune from liability related to an unauthorized surgery conducted by its resident physicians, as the relation between the hospital and its physicians was not that of master and servant.
What is an important legal principle that was a product of the schloendorff decision?
The idea that a non-profit hospital could not be sued for actions of its employees became a principle that became known as the “Schloendorff rule.” The Court would later reject the “Schloendorff rule” in the 1957 decision of Bing v. Thunig.
What legal precedents did Canterbury v Spence set?
1972) was a landmark federal case decided by the United States Court of Appeals for the District of Columbia Circuit that significantly reshaped malpractice law in the United States. It established the idea of “informed consent” to medical procedures.
What was the main concern of the case of Jerry Canterbury?
Canterbury, who has died at 78, sued his surgeon, William T. Spence, accusing him of having failed to adequately warn him of the risks of his surgery.
What rights did the Canterbury v Spence case grant to patients?
The district court granted directed verdicts to the physicians on the grounds that the patient had failed to produce any medical evidence indicating negligence on the physicians’ part in diagnosing the patient’s malady or in performing the operation.
What was the ruling in Canterbury v Spence?
What happened in Canterbury v Spence?
2d. 772, 782 D.C. Cir. 1972) was a landmark federal case decided by the United States Court of Appeals for the District of Columbia Circuit that significantly reshaped malpractice law in the United States. It established the idea of “informed consent” to medical procedures.
What was Mary Schloendorff v.society of New York Hospital?
LEGAL FACTS Mary E. Schloendorff sued the doctors of the New York Hospital alleging that they performed an operation contrary to her wishing. New York Hospital asked the judge to rule the operation as a legal matter. Mary would lose. The case was appealed to the Court of Appeals
When was the Society of the New York Hospital founded?
The Society of the New York Hospital, Respondent Decided April 14, 1914. In the year 1771, by royal charter of George III., the Society of the New York Hospital was organized for the care and healing of the sick. During the century and more which has since passed, it has devoted itself to that high task.
What was the case of church charity foundation v.waterbury hospital?
Church Charity Foundation, 128 App. Div. 214, 216; Hearne v. Waterbury Hospital, 66 Conn. 98; Laubheim v. De K.N.S. Co., 107 N.Y. 228 .) Certain principles of law governing the rights and duties of hospitals when maintained as charitable institutions have, after much discussion, become no longer doubtful.