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LOPEZ v. LUTHERAN MED. CTR.

56 A.D.2d 592 (1977)

Daniel H. Lopez, an Infant, by His Father and Natural Guardian, James Lopez, et al., Respondents-Appellants, v. Lutheran Medical Center et al., Appellants-Respondents

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

February 15, 1977

Order affirmed insofar as appealed from, without costs or disbursements.

This malpractice action arises out of incidents surrounding the birth of the infant plaintiff. The original theory of liability, advanced by plaintiffs in bills of particulars, was that defendants failed to recognize an Rh blood incompatibility in the infant at birth. The action came on for trial in March, 1976. Prior thereto, and as a result of discovery...

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