SANTOS v. UNITY HOSP.


301 N.Y. 153 (1950)

Marianne J. Santos, as Administratrix De Bonis Non of The Estate of Ethel V. Flanagan, Deceased, Appellant, v. Unity Hospital, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1950


Attorney(s) appearing for the Case

James G. Purdy, Robert H. Nix, Joseph Davis and George H. Fitzgerald for appellant.

Joseph J. Brophy, Desmond T. Barry and Edward A. Shandell for respondent.

LEWIS, CONWAY, DYE and FROESSEL, JJ., concur with LOUGHRAN, Ch. J.; DESMOND, J., dissents in opinion in which FULD, J., concurs.


LOUGHRAN, Ch. J.

This is an action for wrongfully causing the death of the plaintiff's decedent who was killed when she fell out of a window of a labor room in the maternity division of the defendant's hospital. The decedent was in an advanced stage of labor at the time and was awaiting removal to a delivery room for the birth of her third child. The fatal fall was brought about by a mental derangement called...

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