Younts v. St. Francis Hospital & School of Nursing

The opinion of the court was delivered by This claim was filed by Ethel M. Johnson, mother, on behalf of Nancy D. Younts, her seventeen year old daughter, against the St. Francis Hospital and School of Nursing, Inc. (the hospital) for injury and damage to the tip of the daughter's right ring finger. The claim was tried to the court. Judgment was rendered in favor of the defendant based upon the court's findings. The plaintiff has appealed. The claim was presented to the court on two theories. First, on the theory that one of the nurses employed by the hospital negligently caused the injury by closing a door on the daughter's finger, and second, on the theory that a resident surgeon employed by the hospital performed an unauthorized surgical procedure on the daughter to repair the finger without obtaining the consent of the daughter and her mother.