Practice point: By including vulgar language on a patient’s discharge form, which the patient, without having read it, gave to her employer, a doctor is acting outside the scope of his employment, and the hospital cannot be held liable under a theory of respondeat superior.
Practitioners should note that the conduct challenged here, while offensive and bizarre, does not meet the requirement of outrageous conduct so as to be actionable as intentional infliction of emotional distress.
Case: Suarez v. Bakalchuk, NY Slip Op 07150 (1st Dept.)
The opinion is here.
Tomorrow’s issue: Motion practice.
