Harnish v. Children’s Hospital Medical Center Case Brief Summary | Law Case Explained

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Harnish v. Children’s Hospital Medical Center | 439 N.E.2d 240 (1982)

A doctor who fails to disclose the risk of treatment is liable for medical malpractice. In Harnish versus Children’s Hospital Medical Center, a doctor didn’t discuss the risk of severing a nerve before operating on the patient’s neck. Is the doctor liable after the patient loses the use of her tongue?

Janine Harnish suffered from cystic hygromas, abnormal fluid-filled growths caused by malfunction of the lymphatic system. Because the condition had proved life-threatening, Harnish had undergone several surgeries. In 1978, Harnish planned another surgery to address a hygroma in her neck, but this time she sought treatment for purely cosmetic reasons.

Prior to treatment at Children’s Hospital, the doctor discussed the potential consequences of the surgery, but he didn’t mention the risk of losing tongue function. A nerve was severed during the surgery, and Harnish permanently lost tongue function, including speech, chewing, and swallowing.

Harnish sued the hospital and her physicians for medical malpractice. The trial court dismissed her claim, reasoning that the proof Harnish offered was insufficient. Harnish appealed to the Massachusetts Supreme Judicial Court.

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