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Holding: Hospital Not Liable for Errors of Attending Physician

In a recent case the 4th Department held that the defendant hospital was not liable for the negligent acts of an attending physician. Moran v. Muscarella, No. 673 CA 10-01799 (4th Dep. June 10, 2011).

[Defendant hospital] established their entitlement to judgment as a matter of law. It is well settled that, "[i]n general, a hospital may not be held vicariously liable for the malpractice of a private attending physician who is not an employee, and may not be held concurrently liable unless its employees committed independent acts of negligence or the attending physician's orders were contraindicated by normal practice such that ordinary prudence required inquiry into the correctness of [his or her orders]" (Toth v Bloshinsky, 39 AD3d 848, 850).

Read the memorandum decision at nycourts.gov.

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