CONTE v. HOSP. FOR JOINT DISEASES


31 A.D.2d 744 (1969)

Angelina Conte, Respondent, v. Hospital for Joint Diseases, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 13, 1969


Plaintiff, a paying patient at the defendant hospital, has been awarded damages for injuries allegedly incurred when a hospital employee committed an intentional tort against her. Liability of a private hospital to a patient for intentional torts is not absolute. Instead, the hospital has the duty to exercise reasonable care and diligence in safeguarding a patient from harm occasioned by employees or third persons, measured by the capacity of the patient to provide for her...

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