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September 22, 1934


JAMA. 1934;103(12):944. doi:10.1001/jama.1934.02750380064040

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Hospitals: Liability for Injuries Notwithstanding Release from Liability of Person Responsible for Original Injuries.—  The plaintiff received an injury to her vertebra in an automobile collision. She was taken to the defendant hospital and was attended by her own physician. After giving her a sleep-producing drug, the physician instructed a nurse employed by the hospital to apply an electric pad to the patient's spine in a manner directed by him. In the absence of the physician, the nurse applied the pad in a different manner and as a result the patient was badly burned. Subsequently, the patient, for a consideration, released the person responsible for the automobile collision from "all claims... on account of injuries resulting, or to result, from" said automobile accident. She then sued the hospital solely for damages for the burns resulting from the negligence of the nurse. Judgment was given for the patient. From the trial

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