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The United States Circuit Court of Appeals, Eighth Circuit, has rendered an exceedingly important decision in the case of the Union Pacific Railway Company v. Artist, decided Feb. 12, 1894, and just reported in the advance sheets of 60 Federal Reporter, 365. The Court says that if one contracts to treat a patient in a hospital—or out of it, for that matter— for any disease or injury, he undoubtedly becomes liable for any injury suffered by the patient through the carelessness of the physicians or attendants he employs to carry out his contract. If one undertakes to treat such a patient for the purpose of making profit thereby, the law implies the contract to treat him carefully and skilfully, and holds him liable for the carelessness of the physicians and attendants he furnishes.
LIABILITY OF VARIOUS CLASSES OF HOSPITALS AND THEIR PATRONS.. JAMA. 1894;XXII(22):852-853. doi:10.1001/jama.1894.02421010030005