Legal Opinion
Raschel v. Rish
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 1985PublishedCited by 25 opinions
1Opinion of the Court
The derivative claim is dismissed. The undisputed facts demonstrate that plaintiff engaged Dr. Rish as her physician and paid him directly for his services and that she consulted with him at his private office where the alleged silicone injections were administered. Although Dr. Rish was a part owner of defendant private proprietary hospital and served as president of its board of directors and as chief of plastic surgery, there is no evidence that he was an agent or employee of the hospital. A physician’s involvement as a director or stockholder of a hospital does not supply any inference…
2Cases cited5 opinions
- Johnson v. Misericordia Community HospitalWisconsin Supreme Court · 1981
- Fiorentino v. WengerNew York Court of Appeals · 1967
- Byork v. CarmerAppellate Division of the Supreme Court of the State of New York · 1985
- Bowhall v. HanlonAppellate Division of the Supreme Court of the State of New York · 1984
- Smith v. FerroAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by25 opinions
- Raschel v. RishNew York Court of Appeals · 1986
- Insinga v. LaBellaSupreme Court of Florida · 1989
- Bush v. DolanAppellate Division of the Supreme Court of the State of New York · 1989
- Fletcher v. South Peninsula HospitalAlaska Supreme Court · 2003
- Sledziewski v. CioffiAppellate Division of the Supreme Court of the State of New York · 1988
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