New York Hospital Potentially Liable for Medical Practice Error

A New York hospital must defend a claim that it’s vicariously liable for the negligence of a nurse who worked at a closely aligned, off-campus medical practice, a state appeals court said.

The pleading raised a factual question over whether the hospital was the practice’s alter ego and thus could be liable for the nurse’s negligent blood draw, the New York Supreme Court, Appellate Division, Second Department, said Wednesday.

On remand, the trial court must consider if the hospital and practice’s common ownership, leadership, and control, along with the practice’s location on the hospital grounds, opened it up to liability, ...