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CINTRON v. NEW YORK MED. COLL. FLOWER & FIFTH AVE. HOSPS.

193 A.D.2d 551 (1993)

597 N.Y.S.2d 705

Daniel Cintron, an Infant, by His Mother and Natural Guardian, Maria Bultron, Appellant, v. New York Medical College Flower and Fifth Avenue Hospitals et al., Respondents

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

May 25, 1993

In those cases in which this Court has found a physician-patient relationship between an "on call" attending physician and a "service" patient (Chang v Frigeri, 176 A.D.2d 643; Dillon v Silver, 134 A.D.2d 159), treatment was either required by hospital rules or in fact undertaken by the physician. Here, it is undisputed that the rules and custom...

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