Schloendorff V. Society Of New York Hospital
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Schloendorff V. Society Of New York Hospital
''Schloendorff v. Society of New York Hospital'', 105 N.E. 92 (N.Y. 1914), was a decision issued by the New York Court of Appeals in 1914 which established principles of respondeat superior in United States law. Facts In January 1908, Mary Schloendorff, also known as Mary Gamble—an elocutionist from San Francisco—was admitted to New York Hospital to evaluate and treat a stomach disorder. Some weeks into her stay at the hospital, the house physician diagnosed a fibroid tumor. The visiting physician recommended surgery, which Schloendorff adamantly declined. She consented to an examination under ether anesthesia. During the procedure, the doctors performed surgery to remove the tumor. Afterwards, Schloendorff developed gangrene in the left arm, ultimately leading to the amputation of some fingers. Schloendorff blamed the surgery, and filed suit. Judgment The Court found that the operation to which the plaintiff did not consent constituted medical battery. Justice Benjamin ...
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New York Court Of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by the State Senate to 14-year terms. The Chief Judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the Chief Judge of the State of New York. Its 1842 Neoclassical courthouse is located in New York's capital, Albany. Nomenclature In the Federal court system, and most U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its trial and intermediate appellate courts the " Supreme Court", and the court of last resort the Court of Appeals. This sometimes leads to confusion regarding the roles of the respective courts. Further adding to the misunderstanding is New York's terminology for jurists on its top two courts. Those who sit on its su ...
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Diethyl Ether
Diethyl ether, or simply ether, is an organic compound in the ether class with the formula , sometimes abbreviated as (see Pseudoelement symbols). It is a colourless, highly volatile, sweet-smelling ("ethereal odour"), extremely flammable liquid. It is commonly used as a solvent in laboratories and as a starting fluid for some engines. It was formerly used as a general anesthetic, until non-flammable drugs were developed, such as halothane. It has been used as a recreational drug to cause intoxication. Production Most diethyl ether is produced as a byproduct of the vapor-phase hydration of ethylene to make ethanol. This process uses solid-supported phosphoric acid catalysts and can be adjusted to make more ether if the need arises. Vapor-phase dehydration of ethanol over some alumina catalysts can give diethyl ether yields of up to 95%. Diethyl ether can be prepared both in laboratories and on an industrial scale by the acid ether synthesis. Ethanol is mixed with a ...
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Medical Lawsuits
Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness. Contemporary medicine applies biomedical sciences, biomedical research, genetics, and medical technology to diagnose, treat, and prevent injury and disease, typically through pharmaceuticals or surgery, but also through therapies as diverse as psychotherapy, external splints and traction, medical devices, biologics, and ionizing radiation, amongst others. Medicine has been practiced since prehistoric times, and for most of this time it was an art (an area of skill and knowledge), frequently having connections to the religious and philosophical beliefs of local culture. For example, a medicine man would apply herbs and say prayers for healing, or an anci ...
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1914 In New York (state)
This year saw the beginning of what became known as World War I, after Archduke Franz Ferdinand of Austria, heir to the Austrian throne was assassinated by Serbian nationalist Gavrilo Princip. It also saw the first airline to provide scheduled regular commercial passenger services with heavier-than-air aircraft, with the St. Petersburg–Tampa Airboat Line. Events January * January 1 – The St. Petersburg–Tampa Airboat Line in the United States starts services between St. Petersburg and Tampa, Florida, becoming the first airline to provide scheduled regular commercial passenger services with heavier-than-air aircraft, with Tony Jannus (the first federally-licensed pilot) conveying passengers in a Benoist XIV flying boat. Abram C. Pheil, mayor of St. Petersburg, is the first airline passenger, and over 3,000 people witness the first departure. * January 11 – The Sakurajima volcano in Japan begins to erupt, becoming effusive after a very large earthquak ...
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1914 In United States Case Law
This year saw the beginning of what became known as World War I, after Archduke Franz Ferdinand of Austria, heir to the Austrian throne was assassinated by Serbian nationalist Gavrilo Princip. It also saw the first airline to provide scheduled regular commercial passenger services with heavier-than-air aircraft, with the St. Petersburg–Tampa Airboat Line. Events January * January 1 – The St. Petersburg–Tampa Airboat Line in the United States starts services between St. Petersburg and Tampa, Florida, becoming the first airline to provide scheduled regular commercial passenger services with heavier-than-air aircraft, with Tony Jannus (the first federally-licensed pilot) conveying passengers in a Benoist XIV flying boat. Abram C. Pheil, mayor of St. Petersburg, is the first airline passenger, and over 3,000 people witness the first departure. * January 11 – The Sakurajima volcano in Japan begins to erupt, becoming effusive after a very large earthquak ...
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United States Tort Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ...
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New York (state) State Case Law
New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * ''New York'' (1916 film), a lost American silent comedy drama by George Fitzmaurice * ''New York'' (1927 film), an American silent drama by Luther Reed * ''New York'' (2009 film), a Bollywood film by Kabir Khan * '' New York: A Documentary Film'', a film by Ric Burns * "New York" (''Glee''), an episode of ''Glee'' Literature * ''New York'' (Burgess book), a 1976 work of travel and observation by Anthony Burgess * ''New York'' (Morand book), a 1930 travel book by Paul Morand * ''New York'' (novel), a 2009 historical novel by Edward Rutherfurd * ''New York'' (magazine), a bi-weekly magazine founded in 1968 Music * ''New York EP'', a 2012 EP by Angel Haze ** "New York" (Angel Haze song) * ''New York'' (album), a 1989 album by Lou Reed ...
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US Tort Law
This article addresses torts in United States law. As such, it covers primarily common law. Moreover, it provides general rules, as individual states all have separate civil codes. There are three general categories of torts: intentional torts, negligence, and strict liability torts. Intentional torts Intentional torts involve situations in which the defendant desires or knows to a substantial certainty that his act will cause the plaintiff damage. They include battery, assault, false imprisonment, intentional infliction of emotional distress ("IIED"), trespass to land, trespass to chattels, conversion, invasion of privacy, malicious prosecution, abuse of process, fraud, inducing breach of contract, intentional interference with business relations, and defamation of character (libel/slander). Elements The elements of most intentional torts follow the same pattern: intent, act, result, and causation. Intent This element typically requires the defendant to desire or know to a subst ...
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Bing V
Bing most often refers to: * Bing Crosby (1903–1977), American singer * Microsoft Bing, a web search engine Bing may also refer to: Food and drink * Bing (bread), a Chinese flatbread * Bing (soft drink), a UK brand * Bing cherry, a variety of cherry * Twin Bing or Bing, a candy made by Palmer Candy Company Names * Bing (surname), a German-language surname * Bing (Chinese surname) (邴), a Chinese surname Places * Bing Prefecture, an ancient Chinese province * Bing, Hormozgan, a village in Hormozgan Province, Iran * Binag, Sistan and Baluchestan, a village in Sistan and Baluchestan Province, Iran * Manor of Byng, Suffolk, England Television * ''Bing'' (TV series), a British children's television series *Bada Bing or the Bing, a fictional strip club in ''The Sopranos'' * Bing or Evan Chambers, a character in ''Greek'' Other uses * Bing (company), a German company that manufactured toys and kitchen utensils * Bing (dog), a British dog who served in World War II * Bing ( ...
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Charitable Immunity
Charitable immunity is a legal doctrine which holds that a charitable organization is not liable under tort law. It originated in 19th-century Great Britain. History The early form of charitable immunity in England did not provide immunity from suit; it only protected segregated funds held in a recognized equitable trust for the organization. In ''Heriot's Hospital'', plaintiff Ross brought an action against a charitable trust which had been established for a home for fatherless boys, contending that he had been excluded from the home even though he was fatherless and otherwise qualified for the charitable benefits. By the time his case was determined, Ross was too old for admission, and the question was whether he was entitled to damages from the trust funds. The House of Lords held that he was not. In the House of Lords, Lord Cottenham, ''in dictum'', pronounced that an award of damages out of a trust fund "would not be to apply it to those objects which the author of the f ...
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Benjamin Cardozo
Benjamin ( he, ''Bīnyāmīn''; "Son of (the) right") blue letter bible: https://www.blueletterbible.org/lexicon/h3225/kjv/wlc/0-1/ H3225 - yāmîn - Strong's Hebrew Lexicon (kjv) was the last of the two sons of Jacob and Rachel (Jacob's thirteenth child and twelfth and youngest son) in Jewish, Christian and Islamic tradition. He was also the progenitor of the Israelite Tribe of Benjamin. Unlike Rachel's first son, Joseph, Benjamin was born in Canaan according to biblical narrative. In the Samaritan Pentateuch, Benjamin's name appears as "Binyamēm" ( Samaritan Hebrew: , "son of days"). In the Quran, Benjamin is referred to as a righteous young child, who remained with Jacob when the older brothers plotted against Joseph. Later rabbinic traditions name him as one of four ancient Israelites who died without sin, the other three being Chileab, Jesse and Amram. Name The name is first mentioned in letters from King Sîn-kāšid of Uruk (1801–1771 BC), who called himself ...
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Amputation
Amputation is the removal of a limb by trauma, medical illness, or surgery. As a surgical measure, it is used to control pain or a disease process in the affected limb, such as malignancy or gangrene. In some cases, it is carried out on individuals as a preventive surgery for such problems. A special case is that of congenital amputation, a congenital disorder, where fetal limbs have been cut off by constrictive bands. In some countries, amputation is currently used to punish people who commit crimes. Amputation has also been used as a tactic in war and acts of terrorism; it may also occur as a war injury. In some cultures and religions, minor amputations or mutilations are considered a ritual accomplishment. When done by a person, the person executing the amputation is an amputator. The oldest evidence of this practice comes from a skeleton found buried in Liang Tebo cave, East Kalimantan, Indonesian Borneo dating back to at least 31,000 years ago, where it was done whe ...
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