Cohen v. Smith

Patricia Cohen was admitted to St. Joseph Memorial Hospital (Hospital) to deliver her baby. After an examination, Cohen was informed that it would be necessary for her to have a cesarean section. Cohen and her husband allegedly informed her physician, who in turn advised the Hospital staff, that the couple’s religious beliefs prohibited Cohen from being seen unclothed by a male. Cohen’s doctor assured her husband that their religious convictions would be respected.

During Cohen’s cesarean section, Roger Smith, a male nurse on staff at the Hospital, allegedly observed and touched Cohen’s naked…