''Schloendorff v. Society of New York Hospital'', 105 N.E. 92 (N.Y. 1914), was a decision issued by the
New York Court of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
in 1914 which established principles of
respondeat superior
''Respondeat superior'' (Latin: "let the master answer"; plural: ''respondeant superiores'') is a doctrine that a party is responsible for (has vicarious liability for) acts of their agents.''Criminal Law - Cases and Materials'', 7th ed. 2012, W ...
in
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
.
Facts
In January 1908, Mary Schloendorff, also known as Mary Gamble—an
elocution
Elocution is the study of formal speaking in pronunciation, grammar, style, and tone as well as the idea and practice of effective speech and its forms. It stems from the idea that while communication is symbolic, sounds are final and compelli ...
ist from
San Francisco
San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
—was admitted to
New York Hospital
Weill Cornell Medical Center (previously known as New York Hospital or Old New York Hospital or City Hospital) is a research hospital in New York City. It is part of NewYork-Presbyterian Hospital and the teaching hospital for Cornell University.
...
to evaluate and treat a stomach disorder. Some weeks into her stay at the hospital, the house physician diagnosed a
fibroid tumor. The visiting physician recommended surgery, which Schloendorff adamantly declined. She consented to an examination under
ether
In organic chemistry, ethers are a class of compounds that contain an ether group—an oxygen atom connected to two alkyl or aryl groups. They have the general formula , where R and R′ represent the alkyl or aryl groups. Ethers can again be c ...
anesthesia. During the procedure, the doctors performed surgery to remove the tumor. Afterwards, Schloendorff developed
gangrene
Gangrene is a type of tissue death caused by a lack of blood supply. Symptoms may include a change in skin color to red or black, numbness, swelling, pain, skin breakdown, and coolness. The feet and hands are most commonly affected. If the ga ...
in the left arm, ultimately leading to the
amputation
Amputation is the removal of a limb by trauma, medical illness, or surgery. As a surgical measure, it is used to control pain or a disease process in the affected limb, such as malignancy or gangrene. In some cases, it is carried out on indi ...
of some fingers. Schloendorff blamed the surgery, and filed suit.
[ ]
Judgment
The Court found that the operation to which the plaintiff did not consent constituted medical battery. Justice
Benjamin Cardozo
Benjamin ( he, ''Bīnyāmīn''; "Son of (the) right") blue letter bible: https://www.blueletterbible.org/lexicon/h3225/kjv/wlc/0-1/ H3225 - yāmîn - Strong's Hebrew Lexicon (kjv) was the last of the two sons of Jacob and Rachel (Jacob's thir ...
wrote in the Court's opinion:
Schloendorff, however, had sued the hospital itself, not the physicians.
For this reason, the Court found that a non-profit hospital could not be held liable for the actions of its employees, analogizing to the principle of
charitable immunity
Charitable immunity is a legal doctrine which holds that a charitable organization is not liable under tort law. It originated in 19th-century Great Britain.
History
The early form of charitable immunity in England did not provide immunity from ...
.
Significance
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''.
See also
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US tort law
This article addresses torts in United States law. As such, it covers primarily common law. Moreover, it provides general rules, as individual states all have separate civil codes. There are three general categories of torts: intentional torts, neg ...
References
External links
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Summary and Opinion of the case{{United States tort case law
New York (state) state case law
United States tort case law
1914 in United States case law
1914 in New York (state)
Medical lawsuits
Medical malpractice
Consent