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Bang v. Charles T. Miller Hospital

Minnesota Supreme Court
88 N.W.2d 186 (1958)


Facts

Bang (plaintiff) complained to Foley (defendant), his doctor, of problems with urination. Foley informed Bang that he was not sure what was causing Bang’s problems, but suggested that Bang be admitted to Charles T. Miller Hospital for the purpose of further examination. Foley explained to Bang the purpose for admission and further explained that a prostate operation would be performed if the examinations showed that it was necessary. The prostate operation involved cutting the spermatic cords, but Bang was never informed of that fact. Though Bang consented to the operation, Foley never explained to Bang what was involved in it. Bang never asked what was entailed in the operation and trusted Foley to perform it correctly. Bang filed suit against Foley and Charles T. Miller Hospital (the hospital) (defendants) alleging damages for an unauthorized operation. After trial, Foley and the hospital filed motions for directed verdict. Those motions were granted. Bang appealed the decision regarding Foley.

Rule of Law

Issue

Holding and Reasoning (Gallagher, J.)

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