Ruane v. Niagara Falls Memorial Medical Center
| Decision Date | 23 November 1983 |
| Citation | 60 N.Y.2d 908,458 N.E.2d 1253,470 N.Y.S.2d 576 |
| Parties | , 458 N.E.2d 1253 Colleen RUANE et al., Appellants, v. NIAGARA FALLS MEMORIAL MEDICAL CENTER, Respondent, et al., Defendant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 91 A.D.2d 1176, 459 N.Y.S.2d 147, should be affirmed with costs.
On appeal to this court the plaintiff's only contention is that the alleged continuous treatment by her personal physician should be attributed to the hospital. The fact that the doctor also happened to be affiliated with the hospital, but not employed by the hospital, is not alone sufficient to impute the doctor's conduct following the implantation of the devices to the hospital. Because no other circumstances were demonstrated the complaint against the hospital was properly dismissed (cf. McDermott v. Torre, 56 N.Y.2d 399, 452 N.Y.S.2d 351, 437 N.E.2d 1108). We find no legal basis for concluding, as plaintiff urges, that although the relationship between the doctor and the hospital may not be sufficient to impute the doctor's continuous treatment to the hospital for the purpose of assessing liability, it may nevertheless serve as a basis for extending the Statute of Limitations.
Order affirmed, with costs, in a memorandum.
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