Maxwell v. Cole

OPINION OF THE COURT

David B. Saxe, J.

May a physician who was chairman of a hospital medical department, a member of whom treated the plaintiff, be sued in tort where liability is predicated, in part, upon the failure of the chairman to provide proper supervision of residents during the postoperative recovery period and upon his failure to develop and implement appropriate rules and regulations governing the quality of staff available to care for and provide good and prudent medical care to the plaintiff when she was a patient?

The facts are these: The plaintiff, Ms. Diane Maxwell, entered New…