Bakal v. University Heights Sanitarium, Inc.

In this action for personal injuries, the undisputed evidence is that in October, 1947, plaintiff was a patient at the University Heights Sanitarium, a private hospital, and was operated upon by Dr. Eisenstat, a surgeon of her own choice. The purpose of the operation was to remove a fistula. The nature of the operation did not require the attendance or services of a trained nurse. In the course of the operation, while plaintiff was under anaesthesia, she sustained severe burns, caused by the application of an electric plate connected with an electrocautery knife. The plate was applied to the…