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ABRAHAM v. DULIT

255 A.D.2d 345 (1998)

679 N.Y.S.2d 707

Avondale S. Abraham et al., Respondents, v. Elinor G. Dulit et al., Defendants, and White Plains Hospital Center, Appellant

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

November 9, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

As a general rule, a hospital may not be held vicariously liable for the malpractice of a private attending physician who is not an employee of the hospital (see, Hill v St. Clare's Hosp., 67 N.Y.2d 72). However, an exception to this rule exists where the patient enters the hospital through the emergency room seeking treatment from the hospital...

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