ALBANY – In a cautious and narrow decision, the Court of Appeals yesterday reinstated a direct negligence claim against Cabrini Medical Center, where a woman recovering from vaginal surgery was sexually molested by a resident employed by the hospital.
The Court revived the lawsuit primarily because factual questions remain regarding the conduct of nurses and the extent of their obligation to protect the patient. It categorically declined to impose a heightened duty based on the patient’s sedated condition, and stressed that the ruling should not be read as burdening hospitals with a broader responsibility than historically required.
