Wisner v. Syracuse Memorial Hospital — 274 A.D. 1087

Majority

p. 1087

Mary D. Wisner, Respondent, v. Syracuse Memorial Hospital, Appellant.

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

p. 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.

Cases cited

Sutherland v. New York Polyclinic Medical School & Hospital 298 N. Y. 682 N.Y. 1948-10-22 p. 1088