Nicholson v. Atchison, Topeka & Santa Fe Hospital Ass'n

Citations

• 97 Kan. 480
• 155 P. 920
• 1916 Kan. LEXIS 329

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Charitable Associations — Negligence of Physicians and Attendants■ — Liability of Association. Charitable associations conducting hospitals are not liable for the negligence of their physicians and attendants resulting in injury to patients unless it is shown that the association maintaining the hospital has not exercised reasonable care in the employment of its physicians and attendants.</p> <p>2. Same — Railroad Employee — Neglect of Physicians — Liability. The foregoing rule is applied in an action by the father of a deceased employee of a railroad company against a hospital association for the neglect of its physicians and attendants in failing to give the son suitable care and attention, where it appears that the defendant is an association maintained by the railroad company for the treatment of its employees while sick, and is supported by the monthly contributions of all its employees who, so long as they remain in the service of the railroad company and contribute to the fund, are entitled to the benefits of the.hospital free of charge.</p> <p>3. Same — Petition—Subject to Demurrer. In such an action a petition which fails to allege that ,the defendant did not exercise reasonable care in the selection of its physicians and attendants is subject to demurrer.</p>