Legal Opinion
Haber v. Cross County Hospital
New York Court of Appeals
Decided October 28, 1975PublishedCited by 27 opinions
1Opinion of the Court
*889Memorandum. The general rule that a hospital is not liable in negligence for the failure to erect bed rails, absent professional medical direction (Grace v Manhattan Eye, Ear & Throat Hosp., 301 NY 660; Mossman v Albany Med. Center Hosp., 34 AD2d 263), does not apply where the hospital establishes a rule that bed rails were to be set up in all cases where the patient is over 50 years of age. This common-sense precaution adopted by the hospital in recognition of the frailities of older patients did not require medical direction. Only administrative action was needed to implement the rule.
Admini…
2Cases cited5 opinions
- Danbois v. New York Central RailroadNew York Court of Appeals · 1963
- Mossman v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1970
- Sutherland v. New York Polyclinic Medical School & HospitalNew York Court of Appeals · 1948
- Grace v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1950
- Sutherland v. New York Polyclinic Medical School & HospitalAppellate Division of the Supreme Court of the State of New York · 1947
3Cited by27 opinions
- Schneider v. Kings Highway Hospital Center, Inc.New York Court of Appeals · 1986
- McGowan v. United StatesCourt of Appeals for the Second Circuit · 2016
- Mertsaris v. 73rd Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Coursen v. New York Hospital-Cornell Medical CenterAppellate Division of the Supreme Court of the State of New York · 1986
- Horton v. Niagara Falls Memorial CenterAppellate Division of the Supreme Court of the State of New York · 1976
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