Practice point: A hospital cannot be held vicariously liable for the malpractice of a private attending physician who is not its employee.
Practitioners should note that there is an exception to the rule where a patient comes to the emergency room seeking treatment from the hospital and not from a particular physician of the patient's choosing.
Case: Schultz v. Shreedhar, NY Slip Op 07244 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
