JANELLE M. v. NEW YORK CITY HEALTH & HOSPS. CORP.

350373/10, 3290, 3289.

148 A.D.3d 519 (2017)

2017 NY Slip Op 01967

48 N.Y.S.3d 590

JANELLE M., an Infant, by Her Mother and Natural Guardian, BRENDA M., Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (LINCOLN HOSPITAL), Respondent.

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

Decided March 16, 2017.


In opposition to defendant's prima facie showing that it did not deviate from good and accepted medical practice in its diagnosis and treatment of the infant plaintiff's mother, plaintiff failed to raise a triable issue of fact. Her expert affirmation opining that the failure to order and perform a cervical cerclage at the start of the mother's prenatal care was a departure from the applicable standard of care included significant factual errors misconstruing the record,...

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