Hospital's liability for acts of a private attending physician.

Practice point: In general, a hospital cannot be held vicariously liable for the negligence of a private attending physician.

Student note: A hospital cannot be held concurrently liable with such a physician unless its employees commit independent acts of negligence or the attending physician's orders are contraindicated by normal practice.

Case: Corletta v. Fischer, NY Slip Op 08682 (2d Dept.2012).

Here is the decision.

Tomorrow’s issue: Emotional distress damages in a medical malpractice action.