Bennan v. Parsonnet
Supreme Court of New Jersey
On rule to show cause. The plaintiff applied to the defendant to operate upon a rupture in his left groin that had been unsuccessfully operated upon two years before by another surgeon. Upon learning that the plaintiff was a poor man the defendant engaged to operate free of charge.
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On rule to show cause. The plaintiff applied to the defendant to operate upon a rupture in his left groin that had been unsuccessfully operated upon two years before by another surgeon. Upon learning that the plaintiff was a poor man the defendant engaged to operate free of charge. At the time feed for the operation the plaintiff was placed under the anaesthetic by two assisting surgeons who, when Dr. Parsonnet came into the operating room, directed his attention to a rupture they had just discovered in the patient’s right groin which, upon examination and the employment of the usual…
1Opinion of the Court
Tlio opinion of the court was delivered by
Garrison, J.
This verdict cannot be permitted to stand; it is against the clear weight of evidence. The, trial court *22charged the jury that the operation was a legal wrong to the plaintiff unless • he had consented to its performance, explaining to them that such consent as to conditions discovered after the operation had actually commenced might be inferred from circumstances, and that it should be inferred if. the condition thus discovered endangered the life or health of the patient, leaving to them the question whether the condition for which the…
2Cases cited1 opinion
- Mohr v. WilliamsSupreme Court of Minnesota · 1905
3Cited by20 opinions
- Matter of ConroySupreme Court of New Jersey · 1985
- Kaplan v. HainesNew Jersey Superior Court Appellate Division · 1967
- P. v. PortadinNew Jersey Superior Court Appellate Division · 1981
- Wall v. BrimCourt of Appeals for the Fifth Circuit · 1943
- In Re SchillerNew Jersey Superior Court Appellate Division · 1977
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