Rainey v. Persse

Order unanimously reversed, without costs, and motion denied. Memorandum: In this action for personal injuries and wrongful death, plaintiffs alleged that decedent, while a patient in defendant hospital on March 25, 1967 was given a massive overdose of a drug prepared by a nurse and ordered and administered by an intern. At the time of the incident the nurse was on private duty, and was selected and paid by decedent’s family solely to care for decedent. Plaintiffs obtained an order directing defendant hospital to produce the nurse for an examination relative to her duties, care, attendance…