BEELER v. ADLER


238 A.D.2d 256 (1997)

656 N.Y.S.2d 615

Marian Beeler et al., Appellants, v. Edward Adler et al., Defendants, and Hospital for Joint Diseases, Respondent

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

April 22, 1997


During a procedure for removal of a femoral rod, plaintiff suffered a comminuted fracture along the length of her femur because the distal screw affixed to the rod had not been previously removed and it shattered the bone as the rod was being drawn out. The surgeon, a private physician who had performed an earlier procedure removing the proximal screw, mistakenly recalled removing the distal screw. Although a hospital is normally protected from tort liability if its staff...

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