Plaintiff was a patient at Beth Israel Medical Center when she stepped on a glass capillary tube on the floor by her bed; the tube became lodged in her foot and a glass sliver remained imbedded in her foot until detected by X-rays two months later. It is undisputed that, during the time plaintiff occupied the room, neither she nor the patient with whom she shared the room underwent a "finger-prick" procedure requiring the use of such a tube. In addition to showing that no...
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