N. X. v. Cabrini Medical Center

At the end of his often harshly worded writing, our learned colleague, although acknowledging that the “plaintiffs circumstances are extraordinarily sympathetic,” holds that established case law requires dismissal of the claims of this young female patient against the hospital responsible for her care. We believe otherwise, and find that his approach is unnecessarily rigid. The law, contrary to the view of our colleague, is not an unchanging body of doctrines to be inflexibly applied, but instead is a set of rules and principles perpetually in the gradual process of re-examination, as courts…