May 17, 2014

De May v. Roberts | Case Brief Law School - 46 Mich. 160, 9 N.W. 146 (1881) - Supreme Court of Michigan

FACTS: De May (a physician) brought along a helper to assist while the defendant was giving birth.  The woman giving birth believed the assistant, Scattergood, was "an assistant physician, a competent and proper person to be present and to aid her in her extremity."

ISSUE: Was there informed consent?

HOLDING: No

RATIONALE: When she consented to Scattergood to be there she thought he was a professional physician.  This does not preclude her from "maintaining an action and recovering substantial damages" after asserting his true identity.

DISPOSITION: Judgement for plaintiff affirmed.