A driver hit by a woman impaired by opioid medications administered by a hospital emergency room doctor less than two hours before the accident can sue the doctor and the hospital because they failed to warn the patient that driving would be hazardous, a divided Court of Appeals ruled Wednesday.
The 4-2 ruling in Davis v. South Nassau Communities Hospital, 163, extends physician liability to third-party plaintiffs “for failing to warn that medications administered would impair the patient’s driving ability,” Judge Eugene Fahey said in the majority opinion.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
