Thomas v. Brookdale Hosp. Med. Ctr.,
No. 2000-01043 (N.Y. App. Div. Oct. 1, 2001)

A widow appealed a ruling vacating a judgment against a hospital in a medical malpractice case. The widow sued three physicians and a hospital after her husband died during a cardiac catheterization procedure. A jury verdict was returned against one of the physicians and against the hospital, but the judgment against the hospital was vacated when the hospital claimed the physician treated the decedent as a private attending physician.

The Supreme Court, Appellate Division of New York reversed the decision to vacate the judgment against the hospital. The court found that the parties were represented throughout the trial by the same attorney and that there had been an understanding among them that the hospital would be vicariously liable if any of the physicians were found guilty. Given this understanding, the court felt that the hospital should not be able to escape liability so late in the game and that the motion to vacate judgment should have been rejected.