Legal Opinion

Salter v. Deaconess Family Medicine Center

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1999No. Appeal No. 2PublishedCited by 2 opinions

1Opinion of the Court

—Judgment unanimously affirmed without costs. Memorandum: Plaintiffs’ four-day-old son sustained second degree burns on his leg and foot when defendant Katherine Battaglia, a nurse at defendant Deaconess Family Medicine Center (Center), a department of defendant Buffalo General Hospital (Hospital), placed a heated washcloth on his heel to facilitate drawing blood from him. According to Battaglia, because the Center did not have hot running water, she wet the washcloth and placed it in a microwave oven for one minute. After testing the cloth on her arm, Battaglia wrapped the cloth, covered…

2Cases cited8 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
  4. Fiore v. GalangNew York Court of Appeals · 1985
  5. Holton v. Sprain Brook Manor Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1998

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3Cited by2 opinions

  1. Funk v. Pinnacle Health Facilities XXXII., LPDistrict Court, D. Kansas · 2018
  2. Frausto v. Yakima HMA, LLCWashington Supreme Court · 2017

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