Legal Opinion
Phillips v. Buffalo General Hospital
New York Court of Appeals
Decided December 9, 1924PublishedCited by 45 opinions
1Opinion of the CourtPound, J.
The defendant is a charitable corporation which maintains a hospital. The plaintiff was a paying patient. Through the negligence of an orderly who placed a hot water bottle against her body while she was in bed, unconscious, after an operation, she was severely burned.
The question is whether the rule of respondeat superior applies. The court below held that the waiver doctrine is the foundation of the rule which exempts a hospital from liability for the negligence of its physicians and nurses in the treatment of patients who are regarded as the beneficiaries of a charitable trust; that in…
2Cases cited3 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Hordern v. . Salvation ArmyNew York Court of Appeals · 1910
- Matter of Bernstein v. . Beth Israel HospitalNew York Court of Appeals · 1923
3Cited by45 opinions
- Bing v. ThunigNew York Court of Appeals · 1957
- Dillon v. Rockaway Beach Hospital & DispensaryNew York Court of Appeals · 1940
- Sheehan v. North Country Community HospitalNew York Court of Appeals · 1937
- Twitchell v. MacKayAppellate Division of the Supreme Court of the State of New York · 1980
- Hamburger v. Cornell UniversityNew York Court of Appeals · 1925
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