Freeman v. St. Clare's Hospital & Health Center

Judgment of the Supreme Court, New York County (Helen E. Freedman, J.), entered on August 22, 1988, awarding plaintiff $125,000 for injuries sustained while a patient at defendant hospital, is unanimously affirmed, with costs.

Plaintiff’s injuries were the result of an attempted rape by another patient while she was in multiple restraints and unsupervised in the emergency room of defendant hospital. Contrary to defendant’s contentions, defendant was on notice that the other patient was aggressive and might cause trouble. A hospital is under a duty to take reasonable care to protect its…