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Wilmington General Hospital v. Manlove

Delaware Supreme Court
174 A.2d 135 (1961)


For two days, the Manloves (plaintiffs) got treatment from Dr. Hershon for their infant son’s fever and diarrhea. On the third day, the infant was still sick and running a high fever, but Hershon was not working. The Manloves took their son to the emergency room at a private hospital, Wilmington General Hospital (defendant), for treatment. Once there, the Manloves told a nurse about the infant’s symptoms. The nurse did not examine the infant and refused to admit the child for treatment. The nurse told the Manloves that the hospital’s treatment could conflict with the existing doctor’s treatment and that they should take their child to Hershon the next day. The Manloves went home and called Hershon, who agreed to see the infant that night. However, the infant died that afternoon of bronchial pneumonia. The Manloves sued the hospital for refusing to care for their infant. The hospital moved for summary judgment. The trial court denied the motion, and the hospital appealed the ruling.

Rule of Law


Holding and Reasoning (Southerland, C.J.)

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