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This paper honors the centennial of a case, Schloendorff vs Society of New York Hospital, that became a landmark in the history of consent for clinical care. For a century, Schloendorff has been understood as a case of surgery done without consent on an anesthetized patient when a pelvic mass was discovered. We honor the centennial of this case by retelling the story of what actually was a case that illustrates the clinical ethical errors that occur when physicians fail to communicate with each other and with their patient. To retell this story, we review the original medical and surgical records, letters of key participants in the case, and the trial-court record. Contrary to what is commonly thought, Ms Schloendorff actually lost her legal case and, indeed, her surgery might not have been performed at all, had her clinicians known, communicated, documented, and reaffirmed what the patient actually wanted. This new perspective on Schloendorff is important for obstetric and gynecologic care, because it vividly documents the perils of the medical errors of implicit consent, delegating the obtaining of consent, and miscommunication among clinicians. In the context of Schloendorff, the modern culture of patient safety and quality that has come to define excellent obstetric and gynecologic care, including ultrasound, should be understood as a powerful preventive to the clinical ethical perils of miscommunication that reduce the quality of patient care and unnecessarily compromise professional obstetric and gynecologic ultrasound.

The Centennial of a Landmark Case in Obstetric and Gynecologic Law and Ethics: Retelling the Story of Schloendorff vs New York Hospital