Berg v. New York Society for the Relief of the Ruptured & Crippled

The blood test was a “ medical act ” in the sense that it was preparatory to a transfusion. However, the test was performed not by a physician or nurse but by a technician who was employed and paid by the hospital and who was so far short of ‘1 professional ’ ’ status or attainments that only four to six weeks’ training was necessary for her job. She was no independent practitioner of a learned profession, working in but not for the hospital. She was a salaried employee doing routine work which required a minimum of skill and training. Therefore, without reviewing or revising the whole…