Wisner v. Syracuse Memorial Hospital

274 A.D. 1087, 86 N.Y.S.2d 150, 1949 N.Y. App. Div. LEXIS 6174

Opinion

Judgment reversed on the law, with costs, and complaint dismissed, with costs. Memorandum: The placing of the hot water bottles pursuant to the 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.