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DONAH v. CHAMPLAIN VALLEY PHYSICIANS HOSP. MED. CTR.

74 A.D.2d 968 (1980)

Charles B. Donah et al., Individually and as Parents and Natural Guardians of Janya L. Donah, an Infant, Appellants, v. Champlain Valley Physicians Hospital Medical Center et al., Respondents

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

March 20, 1980

The complaint in this action is primarily based on theories of malpractice. The second cause of action is one for assault against the defendant hospital for the action of a physician in inserting a tube into the infant plaintiff's throat shortly after birth. The third cause of action is the parents' derivative claim arising from the assault. The fifth cause of action is one for breach of contract by the defendant hospital. Special...

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