Cotnam v. Wisdom

Supreme Court of Arkansas · 1907 · Contracts

Contractsquasi-contractunjust enrichmentrestitutionemergency servicesquasi-contractcontract implied in lawrestitution

Facts

Mr. Harrison was thrown from a street car, seriously injured, and rendered unconscious. Spectators summoned the appellee physicians, who performed a difficult operation in an effort to save his life, but he died without regaining consciousness. The estate argued that Harrison never assented, expressly or impliedly, to the services. At trial, the jury was also allowed to hear that Harrison was a bachelor, that his estate would pass to collateral relatives, and that his estate was worth about $18,500, including insurance proceeds.

Issue

May physicians recover from an unconscious patient's estate on a contract implied by law for emergency services rendered without the patient's assent? If so, must they prove the patient actually benefited from the operation, and may the jury consider the patient's financial condition or estate value in fixing compensation?

Rule

When necessary medical services are rendered in good faith to a person who is unconscious or otherwise incapable of contracting, the law implies a quasi-contract requiring payment of reasonable compensation. Recovery depends on the reasonable value of services performed with due skill and care, not on the success of the treatment or actual benefit to the patient. In such a quasi-contract emergency case, the patient's financial condition or estate value cannot be considered to increase the charge, because no actual contract existed in which such matters could have been contemplated by both parties.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

During a festival in Nashville, Derek Boone is struck by a falling scaffold and arrives at a nearby clinic unconscious and bleeding internally. Dr. Elena Park, summoned by paramedics, performs emergency surgery in good faith with due skill and care, but Derek dies that night without regaining consciousness.

If Derek's estate argues there was no contract because Derek never assented to the operation, which is the strongest response?

Explanation. The majority treats this situation as a contract implied by law, not a true agreement in fact. When necessary medical services are rendered in good faith to an unconscious person who cannot contract, the law imposes an obligation to pay reasonable compensation even though there was no assent or meeting of the minds.