COHEN V. SMITH
648 N.E.2d 329 (1995)
NATURE OF THE CASE: Cohen (Ps) patient and husband, filed suit against Smith (D), nurse
and hospital, after the male nurse observed and touched her naked body against her wishes.
The complaints alleged battery, intentional infliction of emotional distress, and violation
of the Right of Conscience Act, 745 Ill. Comp. Stat. 70/2 (1992). P appealed the grant of
D's motions to dismiss.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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