McCandless v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGibson, J.
Claimant, while a mentally ill patient at Pilgrim State Hospital, became pregnant. Some months later an abortion was induced by operative procedure undertaken by members of the hospital staff. Proceeding from these basic facts, claimant alleges two causes of action against the State and has recovered on both. As to the first, the trial court found the State negligent in failing to furnish adequate supervision of its *602patients and held such negligence to be the proximate cause of an assault upon claimant, the court thus denominating the act of intercourse whereby her pregnancy was caused. Under…
2Cases cited7 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Sporza v. . German Savings BankNew York Court of Appeals · 1908
- Miller v. BennettSupreme Court of Virginia · 1949
- Hunter v. WheateCourt of Appeals for the D.C. Circuit · 1923
- Szadiwicz v. CantorMassachusetts Supreme Judicial Court · 1926
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sharapata v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1981
- Foy v. GreenblottCalifornia Court of Appeal · 1983
- Duverney v. StateNew York Court of Claims · 1978
- O'CONNOR v. Western Freight AssociationDistrict Court, S.D. New York · 1962
- Williams v. CordiceNew York Supreme Court · 1979
3 more not listed; retrieve them via the Exa API.