Haber v. Cross County Hospital

• Decision Date: 28 October 1975
• Citation: 378 N.Y.S.2d 369,37 N.Y.2d 888
• Parties: , 340 N.E.2d 734 Sol HABER et al., Appellants, v. CROSS COUNTY HOSPITAL, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 369

378 N.Y.S.2d 369

37 N.Y.2d 888, 340 N.E.2d 734

Sol HABER et al., Appellants, v. CROSS COUNTY HOSPITAL, Respondent.

Court of Appeals of New York.

Oct. 28, 1975.

Daniel J. Friedman, New York City, for appellants.

William Glatzer, New York City, for respondent.

MEMORANDUM.

The general rule that a hospital is not liable in negligence for the failure to erect bed rails, absent professional medical direction (Grace v. Manhattan Eye, Ear & Throat Hosp., 301 N.Y. 660, 93 N.E.2d 926; Mossman v. Albany Med. Center Hosp., 34 A.D.2d 263, 311 N.Y.S.2d 131), does not apply where the hospital establishes a rule that bed rails were to be set up in all cases where the patient is over 50 years of age. This common-sense precaution adopted by the hospital in recognition of the frailties of older patients did not require medical direction. Only administrative action was needed to implement the rule.

Administrative work is part of the service that a hospital provides and for which the hospital is responsible. (See Sutherland v. New York Polyclinic Med. School & Hosp., 273 App.Div. 29, 30--31, 75 N.Y.S.2d 135, affd. 298 N.Y. 682, 82 N.E.2d 583, mot. for rearg, den. 298 N.Y. 794, 83 N.E.2d 477.) Moreover, the hospital's failure to abide by its own rule is some evidence of negligence. (Danbois v. New York Cent. R.R. Co., 12 N.Y.2d 234, 239, 238 N.Y.S.2d 921, 189 N.E.2d 468.)

Since there was a basis for the imposition of liability upon the hospital, the order of the Appellate Division, 45 A.D.2d 874, 358 N.Y.S.2d 8, should be reversed and the case remitted to that court for a review of the facts. (CPLR 5613.)

BREITEL, C.J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE, JJ., concur.

Order reversed and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein, with costs to abide the event.