Practice point: If a private physician attends a patient at a hospital, it is the physician’s duty, not the hospital’s, to get the patient's informed consent.
Students should note that a hospital employee's memorializing the consent does not transfer the duty to the hospital.
Case: Sela v. Katz, NY Slip Op 07918 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Attorney-client relations.
