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April 27, 1935


JAMA. 1935;104(17):1552-1553. doi:10.1001/jama.1935.02760170090045

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Malpractice: Liability of County Hospital.—  The defendant hospital was organized pursuant to chapter 169, Statutes of Nevada, 1929, which provided that any county in the state might establish a public hospital. The plaintiff, a pay patient, entered the hospital for care and treatment. As the result of the negligence of the hospital's nurse, it was alleged, a liquid not prescribed by the plaintiff's physician was instilled in her eye, destroying the sight of the right eye. The trial court dismissed the action brought by the plaintiff to recover damages from the hospital and she appealed to the Supreme Court of Nevada.It is a well recognized general rule, said the Supreme Court, that a county cannot be sued without legislative consent. Conceding the correctness of this general rule, the plaintiff contended that it did not apply in the present case. The establishment of the defendant hospital, it was argued, was

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