New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-05
RIGHTS OF PAY PATE NTS
MISS WARDS SUIT TO COME TO TRIAL
IN OCTOBER

IN OCTOBEH
The case Of Ward VS.. st. vincent's Hospital has
been put on the calendar for trial In October
This Is suit for $4,000 damages that has attract
ed public attention for more than two years.
The plaintiff is Miss Helen D. Ward, OF this city,
who claims the amount named the score Of
negligence by the hospital which has resulted In
making her cripple for life In February. 1894.
Miss Ward who is a member Of OF the Oldest
and best known families IN NewYork, entered ST
Nncents Hospital as pay patient. under the ad-
vice OF her physician. in order 10 have an opera
ton performed. Miss Ward had singular fear OF
ether and spoke Of it to the Sister IN charge The
latter agreed to provide skilled and careful nurse
for 81 day. which charge was additional to the
SIS per week asked for room. Miss Ward ex-
pressed her willingness TO pay any sum asked for
efficient service
Ether was administered. and the operation was
successfully performed by DR.. W. 5. Dusk. out as
consciousness returned Miss Ward felt excruciatng
pain in her right leg. and IT was found that the
nurse had laid an unsheathed hot water bottle
upon the leg and the surface flesh was scalded
an area Of seven bv two and half inches.
The patient was confined to Der bed for two
months with the scaldng. and was compelled on
rising. walk with clutches as a result OF the
injury
Miss Ward who is fond Of outdoor life and attn
letic sports has been forced to forego horseback
riding golf tennis. mountain climbing. and even
walking except for short distances
The point Of especial interest in this case Is the
fact that the decision Of the Supreme Court. re-
versing previous decision Of Justice Cohen. TO the
effect that a hospital not liable for damages
sustained through negligence Of It's servants estao-
fishes precedent in State law. Justice Conen' IN
rendering his verdict said In effect that II was
often necessary that should suffer Tor the
many-that II hospitals were liable for damages
they would restrict their efforts to help suffering
humanity lest accidents occur.
The plaintiffs counsel. Colonel Edward c. James
and Ahram l. Elkus. appealed the case on the
ground that It involved questions OF moral right
and Justice and problems OF law that had not oeen
reviewed and settled by the higher courts In this
State The decisions in other States In hospltal
rested on English precedent. In the case OF
Holiday VS. St Leonards. which case is uniformly
regarded as overruled by the House OF LORDS IN
other cases cited
Tho .ArpeIIate Division NJ the Supreme Court
heard the testimony produced. and decided that
the PLAINTIFF had proved breach OF contract, ana
entitled to claim damages THEREFOR
Justices Van Brunt. Barrett. Patterson and Kun
sey all concurred in the decision. and Justice Bar
rett saws:
Though Tho defendant Is called a charity hospi-
tai n has ,ts nav side on which side II IL In the
habit 81 furnishing private rooms ana nurses 10
we'll do persons for full price. thus entering
into express contract. For the oreach OF 'nd'
contract the plaintiff ia entitled 10 the same odrn
ages as though the action had been for negligence
pure and simple and she IS entitled 10 an adequate
compensation for her injuries. The person FUR
nished Miss Kinney not trained nurse out
a pupil in the defendants training school having
studied only nine months Of the two years required
| for the course IT stands 70 reason that such
misfortune rs happened to Miss Ward would nave
been less likely 10 occur had she been IN the hands
~ a fully trained nurse II is for the jury 10 say
whether I'm furnishing this careless pupil OF limit
ed experience, the defendant fulfilled ts CONTRACT
obligation TO the plaintiff; and " II did NOT ana
injury resulted from the breach ~ the contract 10
| award the adequate compensation for such injury
with this decision OF the Supreme court IN ntr
| favor Miss Wards suit for damages was renewed
and her counsel have doubt Of success. $500
The matter f. important, as. now that me Qus.s-
ton % liability is established and precedent mace
charitable corporations will exercise strcter supe
! vision and demand greater care on me part OF
their employees although II is true that MISS ara
case establishes only the right OF pay patients 10
receive compensation for injuries inflicted through
| negligence