Mary Schloendorff entered New York Hospital and agreed to an examination under ether anesthesia. During the procedure, doctors removed a tumor without her consent. She sued the hospital for damages. The Court of Appeals ruled that while a patient has the right to determine what is done to their body, the hospital could not be held liable for acts of employed physicians under the doctrine of respondeat superior. However, the court noted that performing a procedure without consent is a battery, not an assault as was claimed. This established limits on hospital liability that were later rejected.