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Judgment reversed on the law, with costs, and complaint dismissed, with costs. Memorandum: The placing of the hot water bottles pursuant to the
*1088 direction of the attending physician to apply external heat was a professional duty or service on the part of the nurse. The failure of the nurse to remove the bottles upon complaint of the patient constituted a medical failure for which the defendant hospital is not liable, rather than an administrative failure. (See Sutherland v. New York Polyclinic Med. School & Hosp., 273 App. Div. 29, affd. 298 N. Y. 682.) All concur. (The judgment is for plaintiff in a negligence action.) Present — Taylor, P. J., McCurn, Love, Vaughan and Piper, JJ.
Document Info
Citation Numbers: 274 A.D. 1087
Filed Date: 1/19/1949
Precedential Status: Precedential
Modified Date: 1/12/2023