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Allen v. Lenox Hill Hospital

225 A.D.2d 358 Court N.Y. App. Div. Decision date 1996-03-12 English

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p. 358
Eva Allen et al., Respondents, v Lenox Hill Hospital et al., Appellants.
[639 NYS2d 21]

On this record, we cannot conclude, as a matter of law, that defendant Bahr did not deviate from accepted medical practice,

p. 359
or that such alleged deviation did not contribute to plaintiff patient’s injuring accident "in any way” (Joseph v New York City Tr. Auth., 149 AD2d 669 ). There are triable issues of fact including that of defendant-appellant’s asserted negligent failure to take steps to restrain plaintiff or to alert his co-defendant "covering” physician of aspects of plaintiff patient’s condition and recent behavior that might have prompted co-defendant to use restraints on the patient or take other, more stringent, precautions. Concur — Rosenberger, J. P., Ellerin, Rubin, Kupferman and Tom, JJ.