Martinez v. Modica

It appears without contradiction that the physician, who is sued here for malpractice, rendered services gratuitously at the Harlem Hospital, an institution owned and operated by the City of New York. As I read section 50-d of the General Municipal Law, the municipal corporation is ultimately liable for damages sustained as a result of the alleged malpractice of a physician in a public institution who renders his services gratuitously. It makes no difference that the hospital has billed the patient provided the physician has given gratuitous service. In Derlicka v. Leo, 281 N. Y. 266,…