May 1, 2021

Vicarious liability in a medical malpractice action.

The defendant-hospital cannot be held vicariously liable for any acts or omissions of the nonparty-physician who plaintiff failed to identify in his complaint or bill of particulars as a person for whose negligence the hospital could be liable.

Gambacorta v. Giordano, NY Slip Op 02454 (1st Dep't April 22, 2021)

Here is the decision.