Book contents
- Feminist Judgments: Health Law Rewritten
- Feminist Judgments Series Editors
- Feminist Judgments: Health Law Rewritten
- Copyright page
- Contents
- Advisory Panel for Feminist Judgments Series
- Titles in the US Feminist Judgments Series
- Advisory Panel for Feminist Judgments: Health Law Rewritten
- Contributors
- Acknowledgments
- 1 Introduction
- 2 Commentary on Schloendorff v. Society of New York Hospital
- 3 Commentary on Reynolds v. McNichols
- 4 Commentary on Conservatorship of Valerie N.
- 5 Commentary on Bouvia v. Superior Court
- 6 Commentary on Moore v. Regents of the University of California
- 7 Commentary on Linton v. Commissioner of Health and Environment
- 8 Commentary on Olmstead v. L.C. ex rel. Zimring
- 9 Commentary on Doe v. Mutual of Omaha
- 10 Commentary on Smith v. Rasmussen
- 11 Commentary on Burton v. State
- 12 Commentary on National Federation of Independent Business v. Sebelius
- 13 Commentary on Means v. United States Conference of Catholic Bishops
- 14 Commentary on Does v. Gillespie
- 15 Commentary on National Institute of Family and Life Advocates v. Becerra
2 - Commentary on Schloendorff v. Society of New York Hospital
Published online by Cambridge University Press: 15 December 2022
- Feminist Judgments: Health Law Rewritten
- Feminist Judgments Series Editors
- Feminist Judgments: Health Law Rewritten
- Copyright page
- Contents
- Advisory Panel for Feminist Judgments Series
- Titles in the US Feminist Judgments Series
- Advisory Panel for Feminist Judgments: Health Law Rewritten
- Contributors
- Acknowledgments
- 1 Introduction
- 2 Commentary on Schloendorff v. Society of New York Hospital
- 3 Commentary on Reynolds v. McNichols
- 4 Commentary on Conservatorship of Valerie N.
- 5 Commentary on Bouvia v. Superior Court
- 6 Commentary on Moore v. Regents of the University of California
- 7 Commentary on Linton v. Commissioner of Health and Environment
- 8 Commentary on Olmstead v. L.C. ex rel. Zimring
- 9 Commentary on Doe v. Mutual of Omaha
- 10 Commentary on Smith v. Rasmussen
- 11 Commentary on Burton v. State
- 12 Commentary on National Federation of Independent Business v. Sebelius
- 13 Commentary on Means v. United States Conference of Catholic Bishops
- 14 Commentary on Does v. Gillespie
- 15 Commentary on National Institute of Family and Life Advocates v. Becerra
Summary
Schloendorff v. Society of New York Hospitals is a 1914 New York Court of Appeals decision frequently cited as the foundational case establishing a patient’s common-law right to bodily autonomy. But Judge Benjamin Cardozo’s assertion that “every human being of adult years and sound mind has a right to determine what shall be done with his own body” was mere dicta. In affirming a directed verdict for the hospital where the plaintiff’s uterus was removed without her consent, Cardozo deemed a nurse’s awareness of the patient’s objection to surgery insufficient to put the hospital on notice that an independent-contractor surgeon was planning a non-consensual hysterectomy. In her feminist judgment, Professor Kelly Dineen unearths a treasure trove of contemporaneous sources that establish the nursing function as an independent basis for duties to patients for which the hospital may be held vicariously liable. In her commentary, Professor Danielle Pelfrey Duryea situates the case within the emergence of “modern nursing” as a devalued feminine counterpart to masculine, valorized “modern medicine."
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- Feminist Judgments: Health Law Rewritten , pp. 17 - 40Publisher: Cambridge University PressPrint publication year: 2022