Legal Opinion

N. X. v. Cabrini Medical Center

New York Court of Appeals

Decided February 14, 2002PublishedCited by 155 opinions

1Opinion of the Court

OPINION OF THE COURT

Wesley, J.

This troubling case involves an egregious abuse of the physician-patient relationship — the conscious use of a doctor’s professional position to exploit a patient’s vulnerabilities for self-gratification through sexual contact. Plaintiff N. X., a young woman recovering from vaginal surgery at Cabrini Medical Center, was sexually assaulted by a surgical resident employed by the hospital. There is no dispute about the assault or the resident’s liability. However, we are called upon to determine whether Cabrini may be liable here under a theory of vicarious…

2Cases cited14 opinions

  1. Hallock v. StateNew York Court of Appeals · 1984
  2. Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
  3. Riviello v. WaldronNew York Court of Appeals · 1979
  4. Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
  5. Di Ponzio v. RiordanNew York Court of Appeals · 1997

9 more not listed; retrieve them via the Exa API.

3Cited by155 opinions

  1. Sanchez v. State of NYNew York Court of Appeals · 2002
  2. Swarna v. Al-AwadiCourt of Appeals for the Second Circuit · 2010
  3. Chau v. DonovanDistrict Court, S.D. Illinois · 2019
  4. Dobroshi v. Bank of AmericaAppellate Division of the Supreme Court of the State of New York · 2009
  5. Sandra M. v. St. Luke's Roosevelt Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2006

150 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API