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Civil Procedure, Employment Law, Medical Malpractice, Negligence

Medical Malpractice Against Hospital, No Need to Name Individual Doctors.

In a medical malpractice action, where the plaintiff has a respondeat superior claim against a hospital based on the actions of nonparty physicians, the failure to name the individual doctors upon whom the claim is based within the applicable statute of limitations period does not compel dismissal of the vicarious liability claim against the hospital.  Parilla v Buccellato, et al, 2011-09045, Index No. 500001/08 Second Dept. 1-9-13

 

January 9, 2013
Tags: Second Department
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Primary Assumption of Risk Jury Charge Required Reversal. Assault in Medical Facility, Spoliation of Evidence.
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