De Leon v. Hospital of Albert Einstein College of Medicine
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Carro, J.
Upon entering a hospital, a patient is entitled to expect appropriate and adequate medical treatment from the hospital and its medical staff and to be generally free from risk of harm. Failure to meet the former expectation gives rise to a claim of medical malpractice, while violation of the latter results in a claim sounding in common-law negligence. Accordingly, while a cause of action alleging medical malpractice on the part of a doctor, nurse or hospital must ordinarily be brought within the 21A-year Statute of Limitations applicable to medical malpractice…
2Cases cited11 opinions
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Scott v. UljanovNew York Court of Appeals · 1989
- Tighe v. GinsbergAppellate Division of the Supreme Court of the State of New York · 1989
- Papa v. Brunswick General HospitalAppellate Division of the Supreme Court of the State of New York · 1987
- Huntley v. State of New YorkNew York Court of Appeals · 1984
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Grossman v. BarkeSuperior Court of Pennsylvania · 2005
- Brown v. Bronx Cross County Medical GroupDistrict Court, S.D. New York · 1993
- Barresi v. StateAppellate Division of the Supreme Court of the State of New York · 1996
- Sweeney v. Presbyterian/Columbia Presbyterian Medical CenterDistrict Court, S.D. New York · 1991
- Kohl v. GreenAppellate Division of the Supreme Court of the State of New York · 1997
9 more not listed; retrieve them via the Exa API.