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January 4, 1936


JAMA. 1936;106(1):71-72. doi:10.1001/jama.1936.02770010073041

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Charitable Hospitals: Liability for Hot Water Bottle Burn.—  After the birth of the appellee in the appellant hospital, he was placed in a basket used to hold newly born infants. While in the basket he suffered a severe burn, apparently due to contact with a hot water bottle. According to the evidence, the burn was of a severe nature that resulted in considerable permanent physical impairment. Attributing the burn to the negligence of the hospital employees, the appellee, through his guardian, brought suit and obtained judgment in the trial court. The hospital appealed to the Supreme Court of Arizona, contending that, it being a charitable hospital, no liability attached for injuries to patients.The question presented, said the court, was one of first impression in Arizona, no previous case having come before the Supreme Court involving the liability of charitable hospitals. After reviewing the cases decided in other jurisdictions, the

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