BERG v. N. Y. SOC. FOR RELIEF OF CRIPPLED


1 N.Y.2d 499 (1956)

Sidney Berg et al., Appellants, v. New York Society for the Relief of the Ruptured and Crippled, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 11, 1956.


Attorney(s) appearing for the Case

Benjamin H. Siff and John J. Tullman for appellants.

William F. McNulty for respondent.

Emanuel Hayt for Hospital Association of New York State, amicus curiæ, in support of respondent's position.

CONWAY, Ch. J., DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.


DESMOND, J.

The blood test was a "medical act" in the sense that it was preparatory to a transfusion. However, the test was performed not by a physician or nurse but by a technician who was employed and paid by the hospital and who was so far short of "professional" status or attainments that only four to six weeks' training was necessary for her job. She was no independent practitioner of a learned profession...

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