DE LEON v. HOSP. OF EINSTEIN


164 A.D.2d 743 (1991)

Hector De Leon, an Infant, by Joyce De Leon, His Mother and Natural Guardian, et al., Respondents, v. Hospital of Albert Einstein College of Medicine et al., Appellants

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

February 5, 1991


Attorney(s) appearing for the Case

Sebastian Randazzo of counsel (Mitchel Sommer with him on the brief; Randazzo & Giffords, attorneys), for respondents.

Edward J. Guardaro, Jr., of counsel (Leah C. Greenman and Betty L. Atlas with him on the brief; Bower & Gardner, attorneys), for appellants.

SULLIVAN, J. P., WALLACH and RUBIN, JJ., concur.


CARRO, J.

Upon entering a hospital, a patient is entitled to expect appropriate and adequate medical treatment from the hospital and its medical staff and to be generally free from risk of harm. Failure to meet the former expectation gives rise to a claim of medical malpractice, while violation of the latter results in a claim sounding in common-law negligence. Accordingly, while a cause of action alleging medical...

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