2nd Cir. Agrees Hospital Wasn’t Liable For Sexual Assault Committed by Doctor

In a nonprecedential summary order, the U.S. Court of Appeals for the Second Circuit March 17 affirmed a judgment that relieved a hospital of liability for a sexual assault committed by one of its doctors (Doe v. Montefiore Med. Ctr., 2015 BL 71238, 2d Cir., 14-1124, unpublished 3/17/15).

The court said that, to state a claim for negligent supervision or retention under New York law, a plaintiff must show the existence of an employer-employee relationship between the supervisor and the actor, that the tortious act occurred on the employer’s premises and that the employer knew of the ...