Barnes v. Sheehan Memorial Hospital

275 A.D.2d 1028, 714 N.Y.S.2d 917, 2000 N.Y. App. Div. LEXIS 9673

Opinion

—Order unanimously reversed on the law without costs, motion denied and complaint against defendant Sheehan Memorial Hospital reinstated. Memorandum: Supreme Court erred in granting the motion of Sheehan Memorial Hospital (defendant) for summary judgment dismissing the complaint against it. Although a hospital may not be held liable for the negligence of a private attending physician practicing at its facility, it “may yet be held concurrently liable with a private practitioner for the independent negligence of [its] medical staff’ (Gerner v Long Is. Jewish Hillside Med. Ctr., 203 AD2d 60, 61-62; see, Pellegrino v Cunanan, 227 AD2d 950). Defendant failed to establish as a matter of law that its employees did not deviate from accepted nursing practice and therefore failed to sustain its burden of establishing entitlement to summary judgment (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853; Indelicato v Wyckoff Hgts. Hosp., 205 AD2d 664, 665; Groeger v Col-Les Orthopedic Assocs., 149 AD2d 973; cf., Olivero v Kropelin, 186 AD2d 1086). (Appeal from Order of Supreme Court, Erie County, Mintz, J. — Summary Judgment.) Present — Green, J. P., Pine, Hayes, Hurlbutt and Kehoe, JJ.