McDONALD v. AMBASSADOR CONSTRUCTION COMPANY, INC.


273 A.D.2d 108 (2000)

709 N.Y.S.2d 177

KAY McDONALD, Respondent, v. AMBASSADOR CONSTRUCTION COMPANY, INC., et al., Defendants, and NEW YORK DOWNTOWN HOSPITAL, Appellant. (And Other Actions.)

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

Decided June 15, 2000.


Plaintiff entered defendant hospital through its emergency room, where she was examined and treated by defendant physician, who was "on call." Plaintiff had no prior relationship with defendant physician and did not request or explicitly consent to treatment by a particular physician in the emergency room. Defendant physician performed surgery on plaintiff the following day at defendant hospital, where she remained for five weeks before being transferred to another hospital...

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