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WINTERS v. NEW YORK CITY HEALTH & HOSPS. CORP.

223 A.D.2d 405 (1996)

636 N.Y.S.2d 320

Patricia Winters, Also Known as Catherine Winters, as Executrix of John Winters, Deceased, Respondent, v. New York City Health & Hospitals Corporation, Appellant

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

January 16, 1996

The IAS Court properly determined that issues of fact exist as to whether defendant hospital's decision to release the psychiatric patient who later killed plaintiff's decedent was based on professional medical judgment for which it cannot be liable for negligence (see, Haynesworth v New York City Health & Hosps. Corp., 195 A.D.2d 424, lv denied 82 N.Y.2d 661). Given that a resident psychiatrist apparently failed...

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