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THURMAN v. UNITED HEALTH SERVICES HOSPITALS, INC.

39 A.D.3d 934 (2007)

833 N.Y.S.2d 702

DONNA THURMAN, as Administrator of the Estate of PAUL L. THURMAN, Deceased, Respondent, v. UNITED HEALTH SERVICES HOSPITALS, INC., Appellant.

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

Decided April 5, 2007.

Spain, J.

Plaintiff, the wife of decedent Paul L. Thurman and administrator of his estate, commenced this action contending that defendant, a not-for-profit hospital, was vicariously liable for the negligence of Thomas Ralston, a radiologist. Plaintiff alleges that Ralston failed to accurately interpret and report on a CAT scan performed on decedent while a patient at defendant's facility. Since it was established that Ralston was not an employee of defendant, the...

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