De May v. Roberts

Supreme Court of Michigan · 1881 · Torts

Tortsprivacydeceitconsentphysician-patient privacydeceitconsent by mistakechildbirth

Facts

The plaintiff, a married woman confined in child-bed, employed defendant De May as her physician. De May brought defendant Scattergood, a young unmarried man unconnected with the medical profession, into the plaintiff's home and allowed him to remain while she was in labor, and the plaintiff believed Scattergood was a physician or medical student. The evidence for the plaintiff tended to show neither she nor her husband knew Scattergood's true nonprofessional character, while the defendants relied on De May's statement to the husband that he had brought a friend to help carry his things. During labor, Scattergood was present in the room and, at De May's direction, briefly held the plaintiff's hand during a pain.

Issue

May a woman recover damages against a physician and the third party he brings into her lying-in room during childbirth when she consented to the third party's presence only because she believed he was professionally connected with the physician? More specifically, does such consent bar recovery when there was no real and pressing necessity for the intrusion and the third party's true character was not fully disclosed?

Rule

A woman in childbirth has a legal right to the privacy of her apartment, and no one may intrude unless invited or required by some real and pressing necessity. If a physician obtains a third person's admission without fully disclosing that person's true nonprofessional character, and the patient's apparent consent rests on the mistaken belief that the person is a physician or medically connected, that consent does not bar an action; the physician and third party are guilty of deceit and are liable for the resulting substantial damages, including shame and mortification discovered later.

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

In rural Ohio, Dr. Nolan Pierce arrived at Tara Benson's home while she was in active labor. He brought Eric Voss, a bookstore clerk, and told Tara's husband only that Eric was "with me to help tonight." Tara assumed Eric was medically connected to the doctor, and Eric remained in the room throughout the delivery though no emergency required extra help.

If Tara later learns Eric had no medical training or role, which is the most likely result?

Explanation. The majority held that a woman in childbirth has a legal right to the privacy of her apartment, and no one may intrude unless invited with understanding or required by some real and pressing necessity. If the physician obtains the third person's presence without fully disclosing that person's true nonprofessional character, apparent consent based on the mistaken belief that the person is medically connected does not bar recovery. Physical misconduct is unnecessary; wrongful presence obtained by deceit is enough, and both the physician and the third party may be liable.