Practice point: Governmental immunity does not insulate a defendant from liability for its employee’s negligence in carrying an ill person down a stairway, as such an act is plainly ministerial in nature, rather than discretionary or quasi-judicial.
Practitioners should note that if an EMS worker undertakes the affirmative action to treat the patient, the treatment must be done with due care.
Case: Velazquez v. New York City Health & Hosp. Corp., NY Slip Op 06735 (1st Dept. 2009)
The opinion is here.
Tuesday’s issue: Legal malpractice.
