Modave v. Long Island Jewish Medical Center

501 F.2d 1065 (1974)

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Modave v. Long Island Jewish Medical Center

United States Court of Appeals for the Second Circuit
501 F.2d 1065 (1974)

Facts

Virginia Modave (plaintiff) was in a car accident and was then taken to Long Island Jewish Medical Center (LIJ) (defendant) for treatment. Modave had a spinal injury that was not diagnosed at LIJ, and the injury was aggravated as Modave was being moved around the hospital. Due to capacity constraints, Modave was transferred to a Nassau County hospital, where her injuries were aggravated further. Modave brought suit for malpractice against both LIJ and Nassau County. The trial court found LIJ liable, but it found that Nassau County was not liable on procedural grounds. Modave then sought to make LIJ responsible for the full award, including what would have been Nassau County’s liability plus LIJ’s liability.

Rule of Law

Issue

Holding and Reasoning (Friendly, J.)

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