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Article
July 20, 1935

Medicolegal

JAMA. 1935;105(3):226. doi:10.1001/jama.1935.02760290060035

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Abstract

Hospitals: Burns Inflicted on Unconscious Patient.—  After a cesarean operation in the hospital-defendant, and while the patient was still unconscious, hot compresses and hot water bottles were applied and the patient was burned. She and her husband sued the hospital, joining with it as a defendant one of two special nurses whom the hospital had called in to care for the patient. The jury returned a verdict in favor of the nurse, but against the hospital. The hospital thereupon appealed to the district court of appeals, second district, division 2, California.The record does not show by whom the compresses and hot water bottles were applied. The hospital contended, however, that the special nurses on the case were not employees of the hospital so as to render it liable for their negligence. The appellate court held to the contrary, on authority of McBride v. Clara Barton Hospital, 75 Calif. App.

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