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N.X. v. CABRINI MED. CTR.

97 N.Y.2d 247 (2002)

765 N.E.2d 844

739 N.Y.S.2d 348

N. X., Appellant, v. CABRINI MEDICAL CENTER, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided February 14, 2002.

Attorney(s) appearing for the Case

Kurzman Karelsen & Frank, LLP, New York City (Charles Palella of counsel), for appellant.

Heidell Pittoni Murphy & Bach, LLP, New York City (Daniel S. Ratner of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

WESLEY, J.

This troubling case involves an egregious abuse of the physician-patient relationship—the conscious use of a doctor's professional position to exploit a patient's vulnerabilities for self-gratification through sexual contact. Plaintiff N. X., a young woman recovering from vaginal surgery at Cabrini Medical Center, was sexually assaulted by a surgical resident employed by the hospital. There is no dispute about the assault...

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