VICTOR Q. v. BRONX LEBANON HOSP. CTR.

3658N, 350637/07, 83813/11.

149 A.D.3d 456 (2017)

2017 NY Slip Op 02742

52 N.Y.S.3d 42

VICTOR Q., JR., an Infant, by His Mother and Natural Guardian, YUSELLE V., et al., Respondents, v. BRONX LEBANON HOSPITAL CENTER, Appellant. BRONX LEBANON HOSPITAL CENTER, Third-Party Plaintiff, v. RICHARD K. DEVEAUX, M.D., et al., Third-Party Defendants-Appellants.

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

Decided April 6, 2017.


In this medical malpractice action, plaintiffs allege that the infant plaintiff suffered brain damage as a result of appellants' failure to diagnose and treat fetal hypoxia-ischemia.

The motion court properly denied the motions to preclude. The articles proffered by plaintiffs were sufficient to establish that it is generally accepted that perinatal hypoxia can be the cause of brain injury, in the absence of evidence of neurological injury in the neonatal period ...

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