Harnish v. Children’s Hospital Medical Center
Massachusetts Supreme Judicial Court
439 N.E.2d 240 (1982)
- Written by Dan Lake, JD
Facts
Harnish (plaintiff) underwent an operation to remove a tumor at Children’s Hospital (defendant). During the operation, the surgeon severed a nerve, causing Harnish loss of tongue function. Harnish brought a medical malpractice action against Children’s Hospital and her physician, claiming that they failed to inform her of the risk of injury to her tongue. The trial court dismissed in favor of Children’s Hospital, holding that Harnish’s proof was inadequate.
Rule of Law
Issue
Holding and Reasoning (O’Connor, J.)
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