Legal Opinion
Clinton v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 1988PublishedCited by 5 opinions
1Opinion of the Court
*405A hospital is under a duty to exercise reasonable care and diligence in safeguarding its patient from harm inflicted by third persons, measured by the capacity of the patient to provide for his or her own safety (Killeen v State of New York, 66 NY2d 850; Mochen v State of New York, 57 AD2d 719). The plaintiff, while a patient in a city-operated hospital, was repeatedly stabbed by another patient about the face and upper body with a pair of hospital suture scissors.
We find that the jury, based upon the evidence presented, could have properly concluded that the defendant hospital was negligent…
2Cases cited12 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Kush v. City of BuffaloNew York Court of Appeals · 1983
- Sheehan v. City of New YorkNew York Court of Appeals · 1976
- Santiago v. New York City Housing AuthorityNew York Court of Appeals · 1984
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Morris v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1996
- N. X. v. Cabrini Medical CenterAppellate Division of the Supreme Court of the State of New York · 2001
- Borrillo v. Beekman Downtown HospitalAppellate Division of the Supreme Court of the State of New York · 1989
- Grant v. Westinghouse Electric Corp.District Court, E.D. New York · 1995
- Morris v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1996