Featured Chrome Extensions:

Casey IRACs are produced by an AI that analyzes the opinion’s content to construct its analysis. While we strive for accuracy, the output may not be flawless. For a complete and precise understanding, please refer to the linked opinions above.

Keywords

plaintiffliabilitytrialmotionsummary judgmentregulationmotion for summary judgment
plaintiffliabilitytrialmotionsummary judgmentregulationmotion for summary judgment

Related Cases

Turpin v. Merrell Dow Pharmaceuticals, Inc., 959 F.2d 1349, 34 Fed. R. Evid. Serv. 1206, Prod.Liab.Rep. (CCH) P 13,088
View Case »
Bearfield v. Hauch, 407 Pa.Super. 624, 595 A.2d 1320
View Case »
Bly v. Rhoads, 216 Va. 645, 222 S.E.2d 783
View Case »
Estates of Morgan v. Fairfield Family Counseling Center, Not Reported in N.E.2d, 1994 WL 728202
View Case »
Munstermann ex rel. Rowe v. Alegent Health-Immanuel Medical Center, 271 Neb. 834, 716 N.W.2d 73
View Case »
Justia Law Link
LexisNexis Link
Westlaw Link
CourtListener Link
Oyez Link

Manlove v. Wilmington General Hospital, 3 Storey 338, 53 Del. 338, 169 A.2d 18

Facts

Darien E. Manlove, a four-month-old infant, became ill with diarrhea and was taken by his parents to Wilmington General Hospital for emergency treatment. Upon arrival, the parents were informed by a nurse that they could not be admitted without a signed admission slip from their physician. Despite the child's critical condition, the nurse did not check on him or call for a physician, leading to the child's death from bronchial pneumonia later that day.

Darien Manlove was but four months old when on the 4th of January, 1959, he became ill with diarrhea. … However, the 7th was a Wednesday, and on Wednesdays Doctors Hershon and Thomas are not available at their office—at least not during the daytime hours. … Cause of death: bronchial pneumonia.

Issue

Whether Wilmington General Hospital, as a quasi-public institution, had a duty to provide emergency medical treatment to the infant despite the lack of an admission slip.

Whether Wilmington General Hospital, as a quasi-public institution, had a duty to provide emergency medical treatment to the infant despite the lack of an admission slip.

Rule

Hospitals that receive public benefits and operate to serve the public welfare are required to render reasonable aid in emergency situations, regardless of their private status.

Hospitals that receive public benefits and operate to serve the public welfare are required to render reasonable aid in emergency situations, regardless of their private status.

Analysis

The court analyzed the hospital's status as a quasi-public institution due to its receipt of public subsidies and tax exemptions. It concluded that this status imposes a duty on the hospital to provide emergency care, as the hospital's own regulations recognized the need to treat emergency cases. The court found that the nurse's failure to act constituted a potential breach of this duty.

The court analyzed the hospital's status as a quasi-public institution due to its receipt of public subsidies and tax exemptions. It concluded that this status imposes a duty on the hospital to provide emergency care, as the hospital's own regulations recognized the need to treat emergency cases.

Conclusion

The court denied the hospital's motion for summary judgment, allowing the case to proceed to trial based on the potential liability for nonfeasance in an emergency situation.

The court denied the hospital's motion for summary judgment, allowing the case to proceed to trial based on the potential liability for nonfeasance in an emergency situation.

Who won?

The plaintiff, Darius M. Manlove, prevailed in the motion for summary judgment, as the court found sufficient grounds to allow the case to proceed to trial based on the hospital's duty to provide emergency care.

The plaintiff, Darius M. Manlove, prevailed in the motion for summary judgment, as the court found sufficient grounds to allow the case to proceed to trial based on the hospital's duty to provide emergency care.

You must be