Conte v. Hospital for Joint Diseases
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment of the Supreme Court, Queens County, entered April 28, 1967 upon a jury verdict, affirmed, with costs. Plaintiff, a paying patient at the defendant hospital, has been awarded damages for injuries allegedly incurred when a hospital employee committed an intentional tort against her. Liability of a private hospital to a patient for intentional torts is not absolute. Instead, the hospital has the duty to exercise reasonable care and diligence in safeguarding a patient from harm occasioned by employees or third persons, measured by the capacity of the patient to provide for her own…
2Cases cited6 opinions
- Hogan v. Hospital Co.West Virginia Supreme Court · 1907
- Robertson v. Charles B. Towns HospitalAppellate Division of the Supreme Court of the State of New York · 1917
- Hendrickson v. HodkinNew York Court of Appeals · 1937
- Stone v. William M. Eisen Co.New York Court of Appeals · 1916
- June McKee v. Sheraton-Russell, Inc.Court of Appeals for the Second Circuit · 1959
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3Cited by3 opinions
- Miller v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1983
- Kladstrup v. Westfall Health Care Center, Inc.New York Supreme Court · 1999
- Johnson v. Jamaica HospitalAppellate Division of the Supreme Court of the State of New York · 1983