The Case Of Schloendorff V. Society Of New York Hospital

In the early 1900s, two women came into hospitals and left with trespasses against their bodies. In the Schloendorff v. Society of New York Hospital case, the patient came in complaining of a stomachache and left with a hysterectomy. In the Mohr v. Williams case, a woman came in with a bad right ear and left with an operated-on left ear. While there are differences between these cases, there are more similarities; both are cases of malpractice and breach of consent, but both have specific particularities.
Both cases involve a breach of consent. In Schloendorff v. Society of New York Hospital, the patient went under anesthetic for an examination of her stomach, and woke up with her uterus removed; in Mohr v. Williams, the patient went under anesthetic for an operation on her right ear, but the surgeon operated on her left ear instead. Each of these physicians pulled a bait and switch; they got informed consent for one procedure, but then acted on a different procedure in a different part of the patient’s body. This is wrongful and unlawful as the patients did not, and could not, give informed consent about the new procedures. After going to court, all physicians involved said that they had done nothing wrong or beyond the consent given. Both women paid for the services provided. However, this
This is defined as battery, where even if intentions are not malicious, laying hands on someone without consent is still unlawful. Battery is damaging to the victim, so therefore bypassing informed consent can be construed as malpractice. This means that both the Schloendorff case and the Mohr case involve both malpractice and breach of