Collins v. New York Hospital

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified insofar as it relates to the defendant Massapequa Hospital and the case remitted to that court for consideration of issues not reached with respect to that defendant. There was sufficient evidence to support the jury’s verdict against the defendant Massapequa Hospital.

Concededly the doctors directed the hospital to perform a cystourethrographic test and the hospital neglected to do so. The hospital’s responsibility did not involve medical judgment; it was simply required to carry out the physicians’ order.…