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Duty of Care: No Higher Standard of Tort Liability for Incapacitated Patients

Published online by Cambridge University Press:  01 January 2021

Robert Kaufman
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Extract

In NX v. Cabrini Medical Center, New York's highest court overruled a divided Appellate Division and held that, as a matter of law, a jury could find a hospital negligent for its failure to protect a patient from sexual assault. The court refused, however, to adopt a higher standard of tort liability for health-care providers who treat incapacitated patients.

Type
Recent Developments in Health Law
Information
Journal of Law, Medicine & Ethics , Volume 30 , Issue 2 , Summer 2002 , pp. 313 - 315
Copyright
Copyright © American Society of Law, Medicine and Ethics 2002

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References

N.X. v. Cabrini Medical Center, 97 N.Y.2d 247 (N.Y. 2002).Google Scholar
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