Legal Opinion

Harnish v. Children's Hospital Medical Center

Massachusetts Supreme Judicial Court

Decided August 13, 1982PublishedCited by 120 opinions

1Opinion of the CourtO’Connor, J.

The plaintiff underwent an operation to remove a tumor in her neck. During the procedure, her hypoglossal nerve was severed, allegedly resulting in a permanent and almost total loss of tongue function.

The plaintiff’s complaint charges the defendant physicians and hospital with misrepresentation and negligence in failing to inform her before surgery of the risk of loss of tongue function. The complaint alleges that the purpose of the operation was cosmetic, that the loss of tongue function was a material and foreseeable risk of the operation, and that, had the plaintiff been informed of this…

2Cases cited46 opinions

  1. Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
  2. Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body CorporateCourt of Appeals for the D.C. Circuit · 1972
  3. Cobbs v. GrantCalifornia Supreme Court · 1972
  4. Superintendent of Belchertown State School v. SaikewiczMassachusetts Supreme Judicial Court · 1977
  5. Wilkinson v. VeseySupreme Court of Rhode Island · 1972

41 more not listed; retrieve them via the Exa API.

3Cited by120 opinions

  1. Kelley v. RossiMassachusetts Supreme Judicial Court · 1985
  2. Carey v. New England Organ BankMassachusetts Supreme Judicial Court · 2006
  3. MacDonald v. Ortho Pharmaceutical Corp.Massachusetts Supreme Judicial Court · 1985
  4. Brophy v. New England Sinai Hospital, Inc.Massachusetts Supreme Judicial Court · 1986
  5. Edna Goldstein v. Robert E. Kelleher, United States of America, IntervenorCourt of Appeals for the First Circuit · 1984

115 more not listed; retrieve them via the Exa API.

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