Ministerial Task of Obtaining Consent does not Transfer Duty to Hospital

In Sela v. Katz, the plaintiff underwent arthroscopic surgery on her knee at a Good Samaritan Hospital facility.  The surgery was performed by the plaintiff's private physician, Dr. Katz.  The plaintiff brought a medical malpractice action against Dr. Katz and Good Samaritan Hospital claiming that he developed RSD as a result of excessive pressure applied during the surgery.  The Supreme Court granted Good Samaritan's motion for summary judgment and the Second Department affirmed.  The Court held that a hospital employee's ministerial task of obtaining consent does not transfer the physician's duty to obtain a patient's informed consent to the Hospital.  Furthermore, Good Samaritan was shielded from liability because it did not employ Dr. Katz; Dr. Katz's orders were not clearly contraindicated; and the Hospital's staff did not depart from good and accepted standards of practice.