GARSON v. BETH ISRAEL MEDICAL CENTER


41 A.D.3d 159 (2007)

838 N.Y.S.2d 35

JOEL F. GARSON, as Administrator of the Estate of MINDY GARSON, Deceased, Respondent, v. BETH ISRAEL MEDICAL CENTER, Appellant, et al., Defendant.

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

Decided June 7, 2007.


It is well settled that a hospital is not vicariously liable for the acts of a private attending physician at its facility who is retained by a patient and is immune from liability where its employees follow the direction of the attending physician, unless that physician's orders "are so clearly contraindicated by normal practice that ordinary prudence requires inquiry into the correctness of the orders" (Walter v Betancourt, 283 A.D.2d 223

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