Cohen v. Smith
648 N.E.2d 329 · 1995
Facts
Patricia Cohen was admitted to St. Joseph Memorial Hospital to deliver her baby via cesarean section. Cohen and her husband informed her physician and hospital staff that their religious beliefs prohibited her from being seen unclothed by a male. Her doctor assured them these convictions would be respected. During the cesarean section, Roger Smith, a male nurse, allegedly observed and touched Cohen’s naked body. Cohen and her husband subsequently filed suit against Nurse Smith and the Hospital.
Procedural history
Patricia and Joe Cohen filed separate lawsuits against Nurse Smith and St. Joseph Memorial Hospital, which were later consolidated on appeal. The trial court granted the defendants' motions to dismiss, dismissing the claim against Nurse Smith for failure to comply with the Healing Arts Malpractice Act's affidavit requirement, and dismissing the claim against the Hospital on the grounds that it owed no duty. Plaintiffs' motions to amend their complaint and to set aside and reconsider were denied. The cases then proceeded to this court on appeal.
Issue
1. Whether the Healing Arts Malpractice Act applies to claims of battery, intentional infliction of emotional distress, and violation of the Right of Conscience Act arising from an alleged unconsented touching in a hospital setting. 2. Whether the plaintiffs' complaints state a cause of action for battery, intentional infliction of emotional distress, and relief under the Right of Conscience Act.
Holding
The trial court erred in dismissing the complaints. The Healing Arts Malpractice Act does not apply to these claims, and the plaintiffs' complaints state valid causes of action for battery, intentional infliction of emotional distress, and violation of the Right of Conscience Act. The court reversed and remanded the cases.
Rule
A claim is not considered "healing art malpractice" if it alleges an intentional, unconsented touching that violates a patient's known religious beliefs, rather than a deviation from medical standards of care. Battery occurs when there is an intentional, offensive contact with another person without their consent. Intentional infliction of emotional distress requires extreme and outrageous conduct, intent or reckless disregard to cause distress, severe emotional distress, and causation. The Right of Conscience Act protects sincerely held moral convictions arising from belief in and relation to God, allowing for damages if violated.
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