Mohr v williams PDF

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Summary

2020 Torts Law I Case Brief - Mohr v Williams...

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Mohr v. Williams Supreme Court of Minnesota, 1905. 95 Minn. 261, 104 N.W. 12. FACTS Parties: Plaintiff: Mohr Defendant: Williams Procedural History: The lower court found in favor of the plaintiff for $14, 322.50. The trial judge denied the defendant’s motion for judgment notwithstanding the verdict, but granted a new trial on the ground that the damages were excessive. Both parties appealed. Relevant Facts: o o

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The plaintiff went to Williams, an ear specialist in regards to trouble with her right ear Before engaging in surgery on the right ear while she was under anesthetic the defendant said the condition of the right ear was not as serious as first thought but a more serious one was found in the left ear and he decided to operate while she was unconscious The operation was successful but the plaintiff was never revived to ask permission to do the surgery Plaintiff brought an action for battery

Basis for Dispute: ISSUE: Whether consent is needed to perform a surgery that is not life threatening while the patient is unconscious and unable to give permission for the operation? If consent is not given does this constitute a battery? PARTIES’ ARGUMENTS: Plaintiff: never consented to the operation and there was no emergency so wasn’t needed without consent Defendant: this was not an assault or battery bc the left ear needed the surgery to maintain operation and he had permission based on the presence of the family physician who consented to the operation HOLDING: DISPOSITION OF THE COURT: o o o

the diseased condition was not found during surgery on the right ear, it was found after the authorized surgery was found unnecessary this surgery was not found in any way to be of immediate need where waiting for consent would have put the patient in jeopardy the assault was violent, wrongful and unlawful

RULE OF LAW:

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a patient must be consulted and give consent before an operation is performed unless of course in a dire emergency...