Legal Opinion
Fiorentino v. Wenger
New York Court of Appeals
Decided April 20, 1967PublishedCited by 91 opinions
1Opinion of the CourtBreitel, J.
The principal issue is whether a private proprietary hospital has an obligation to a patient and his family using its facilities to make certain that they have given an informed consent to an unusual, dangerous operation performed by their privately retained surgeon. The trial court and the Appellate Division concluded that the hospital had such an obligation, and, based on the jury’s verdict, that the obligation had been breached.
The rule has been that a hospital may be held liable in tort for permitting its facilities to be used by an unlicensed person or by a licensed person committing an…
2Cases cited13 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Natanson v. KlineSupreme Court of Kansas · 1960
- Salgo v. Leland Stanford Jr. University Board of TrusteesCalifornia Court of Appeal · 1957
- Natanson v. KlineSupreme Court of Kansas · 1960
- Martindale v. StateNew York Court of Appeals · 1935
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3Cited by91 opinions
- Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body CorporateCourt of Appeals for the D.C. Circuit · 1972
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Eichner v. DillonNew York Court of Appeals · 1981
- Albain v. Flower HospitalOhio Supreme Court · 1990
- Mondello v. New York Blood CenterNew York Court of Appeals · 1992
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