Bing v. Thunig

Following Schloendorff v. New York Hosp. (211 N. Y. 125), a body of law has developed making the liability of a hospital for injuries suffered by a patient, through the negligence of its employees, depend on whether the injury-producing act was “administrative” or “medical.” The wisdom and workability of this rule exempting hospitals from *659the normal operation of the doctrine of respondeat superior have in recent years come under increasing attack. Decision in the present case calls upon us to say whether the rule should longer endure.

The plaintiff, Isabel Bing, was severely burned during the…