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JONES v. U.S. HEALTHCARE

282 A.D.2d 347 (2001)

723 N.Y.S.2d 478

SUSAN JONES et al., Appellants, v. U.S. HEALTHCARE et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 24, 2001.

Defendant movant cannot be held vicariously liable for defendant doctors' and hospital's alleged malpractice in discharging plaintiff and her baby prematurely, where the documentary evidence, including, in particular, plaintiff's Group Master Contract, membership card and Member Handbook, clearly states that doctors and hospitals participating in defendant's health care program are independent contractors (see, Hill v St. Clare's Hosp., 67 N.Y.2d 72...

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