McDonald v. Massachusetts General Hospital
Massachusetts Supreme Judicial Court
Tort for injuries sustained by reason of negligent and unskilful surgical treatment of the plaintiff by the defendant’s servants.
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Tort for injuries sustained by reason of negligent and unskilful surgical treatment of the plaintiff by the defendant’s servants. At the, trial in the Superior Court, before Allen, J., the plaintiff put in evidence tending to show the following facts: The defendant was incorporated by the St. of 1810, c. 94. The funds of the corporation have been derived from grants, devises, donations, bequests and subscriptions of money and other property contributed by the Commonwealth and benevolent persons, to be used and improved for the erection, support and maintenance of a general hospital for sick…
1Opinion of the Court
Deveíts, J.
The ground upon which the plaintiff seeks to maintain this action is that the defendant undertook, through its agents and servants, to treat his broken leg, and that this was done so negligently and unskilfully that he was permanently injured. It does not become necessary to consider whether the defendant, as it contends, consented only to provide for the plaintiff a hospital bed, food and other comforts, while the attendance of the house pupil and surgeon was of such a character that they had the direct and exclusive professional charge of the patient, and are the only persons who…
2Cases cited1 opinion
- Gooch v. Association for Relief of Aged Indigent FemalesMassachusetts Supreme Judicial Court · 1872
3Cited by261 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Mullins v. Pine Manor CollegeMassachusetts Supreme Judicial Court · 1983
- Bing v. ThunigNew York Court of Appeals · 1957
- O'CONNELL v. StateSupreme Court of New Jersey · 2002
- Thompson v. Nason HospitalSupreme Court of Pennsylvania · 1991
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