Mulloy v. Hop Sang
Supreme Court of Alberta
1 W.W.R. 714 (1935)
- Written by Brian Meadors, JD
Facts
Hop Sang (defendant) was badly injured in a car accident and taken to a hospital. Hop Sang asked a surgeon, Mulloy (plaintiff), to fix his hand, but not to amputate it. Hop Sang wanted the hand to also be treated by his own physician in a different city. In the operating room, Hop Sang repeated his request that his hand not be amputated. Mulloy said he would be governed by conditions found after administering anesthesia. Hop Sang, who did not speak English well, did not respond to Mulloy’s statement, and likely did not understand it. After Hop Sang was anesthetized, Mulloy concluded the hand could not be saved and amputated it. Two other physicians supported this conclusion. The operation was needed and performed correctly. Mulloy sued Hop Sang for his fees for the operation; Hop Sang counterclaimed, seeking $400 in damages arising from the amputation of his hand.
Rule of Law
Issue
Holding and Reasoning (Jackson, J.)
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