PINA v. CHUANG, M.D.

2728, 350430/11.

146 A.D.3d 528 (2017)

2017 NY Slip Op 00242

43 N.Y.S.3d 902

STANLEY PINA, an Infant, by His Mother and Natural Guardian ERICA ABREU, et al., Respondents, v. MELEEN CHUANG, M.D., et al., Appellants.

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

Decided January 12, 2017.


The record shows that while performing a caesarean section delivery, defendant physicians lacerated the baby's face during the incision of the uterus, resulting in an approximately three centimeter scar on infant plaintiff's face. Although the happening of the injury itself does not mean that there was a departure from the standard of care (see Johnson v St. Barnabas Hosp., 52 A.D.3d 286, 288 [1st Dept 2008], lv denied

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