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Torts Keyed to Duncan
De May v. Roberts
Citation:
9 N.W. 146 (Mich. 1881)Facts
The defendant, Dr. De May, was called to the plaintiff’s home as she began going into labor. The defendant brought along with him an aide named Scattergood who was untrained in medicine, and asked to help carry supplies and assist the doctor in navigating the dark, treacherous path to the plaintiff’s home. Upon his arrival at the home the defendant did not explain what Scattergood was doing there, although he claims to have intimated that Scattergood was not a physician and that it should have been clear to the plaintiff and her husband. In any event, Scattergood remained in the house for the duration of the visit, and at some point provided assistance by touching the plaintiff.
Upon later learning of Scattergood’s true reason for being present, the plaintiff brought these charges to recover for the shame and humiliation associated with having an unknown man present during her childbirth.
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