Legal Opinion
Toth v. Community Hospital
New York Court of Appeals
Decided June 5, 1968PublishedCited by 136 opinions
1Opinion of the CourtKeating, J.
Stephanie and Jane Toth were born prematurely on the night of June 16, 1953 at the Community Hospital at Crien Cove, New York. From the moment of their birth they were dangerously ill. Their pediatrician, fearful for their lives, immediately ordered that they be placed in an isolette, a type of incubator, and that oxygen be administered to them. His written orders were to the effect that the infants should receive oxygen at the rate of 6 liters per minute for the first 12 hours, and thereafter at the rate of 4 liters per minute.1
The theory behind this oxygen treatment was that maintenance of…
2Cases cited3 opinions
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- Benson v. . DeanNew York Court of Appeals · 1921
- Conwill v. EldridgeSupreme Court of Oklahoma · 1918
3Cited by136 opinions
- N. X. v. Cabrini Medical CenterNew York Court of Appeals · 2002
- Schrempf v. StateNew York Court of Appeals · 1985
- Poulin v. ZartmanAlaska Supreme Court · 1975
- Berk v. St. Vincent's Hospital & Medical CenterDistrict Court, S.D. New York · 2005
- Kenneth E. Sitts v. United StatesCourt of Appeals for the Second Circuit · 1987
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