Cohen v. Smith

648 N.E.2d 329 (1995)

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Nature of the Case

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Facts

P was admitted to St. Joseph Memorial Hospital to deliver her baby. P was informed that it would be necessary for her to have a cesarean section. P and her husband allegedly informed her physician, who in turn advised the Hospital staff, that the couple's religious beliefs prohibited P from being seen unclothed by a male. P's doctor assured her husband that their religious convictions would be respected. Smith (D), a male nurse allegedly observed and touched P's naked body. P sued D and the Hospital. The trial court allowed Ds' motions to dismiss. P appealed.