Schloendorff v. Society of New York Hospital, 211 N.Y. 125, 105 N.E. 92 (1914)

Case citation

Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

, was a decision issued by the New York Court of Appeals

New York Court of Appeals

The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...

 in 1914 which established principles of informed consent

Informed consent

Informed consent is a phrase often used in law to indicate that the consent a person gives meets certain minimum standards. As a literal matter, in the absence of fraud, it is redundant. An informed consent can be said to have been given based upon a clear appreciation and understanding of the...

 and respondeat superior

Respondeat superior

Respondeat superior is a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment...

 in United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

.

Facts

The plaintiff, Mary Schloendorff, was admitted to New York Hospital and consented to being examined under ether to determine if a diagnosed fibroid tumor was malignant, but withheld consent for removal of the tumor. The physician examined the tumor, found it malignant, and then disregarded Schloendorff's wishes and removed the tumor.

Judgment

The Court found that the operation to which the plaintiff did not consent constituted medical battery. Justice Benjamin Cardozo wrote in the Court's opinion:
Schloendorff, however, had sued the hospital itself, not the physicians. For this reason, the Court found that a non-profit hospital could not be held liable for the actions of its employees.

Significance

The idea that a non-profit hospital could not be sued for actions of its employees became a principle that became known as the "Schloendorff rule." The Court would later reject the "Schloendorff rule" in the 1957 decision of Bing v. Thunig.

External links

• Summary and Opinion of the case