From Casetext: Smarter Legal Research

Abraham v. Dulit

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 345 (N.Y. App. Div. 1998)

Opinion

November 9, 1998

Appeal from the Supreme Court, Westchester County (DiBlasi, J.).


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 and not from a particular physician of the patient's choosing ( see, Litwak v. Our Lady of Victory Hosp., 238 A.D.2d 881; Ryan v. New York City Health Hosps. Corp., 220 A.D.2d 734). Contrary to the appellant's contention, the evidence submitted in support of its motion for summary judgment was insufficient to demonstrate, as a matter of law, that the injured plaintiff entered the hospital's emergency room seeking treatment from a privately-selected physician rather than from the hospital itself. Accordingly, the Supreme Court properly found that an issue of fact exists as to whether the hospital should be held liable on the ground of apparent or ostensible agency for acts of malpractice allegedly committed by Dr. Gabrielle Bolton ( see, Litwak v. Our Lady of Victory Hosp., 238 A.D.2d 881, supra; Gunther v. Staten Is. Hosp., 226 A.D.2d 427).

Joy, J. P., Friedmann, Krausman and Luciano, JJ., concur.


Summaries of

Abraham v. Dulit

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 345 (N.Y. App. Div. 1998)
Case details for

Abraham v. Dulit

Case Details

Full title:AVONDALE S. ABRAHAM et al., Respondents, v. ELINOR G. DULIT et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 9, 1998

Citations

255 A.D.2d 345 (N.Y. App. Div. 1998)
679 N.Y.S.2d 707

Citing Cases

Fuessel v. Chin

We agree with the Supreme Court's determination, upon reargument, denying that branch of Good Samaritan's…

Woodard v. LaGuardia Hospital

by the defendant North Shore University Hospital s/h /a LaGuardia Hospital a/k/a North Shore Hospital…