WALKER v. STATE


111 A.D.2d 164 (1985)

Eric Walker, an Infant, et al., Appellants, v. State of New York, Respondent

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

May 6, 1985


Judgment affirmed, without costs or disbursements.

Appellants contend that claimant Eric Walker, an infant, suffered permanent brain damage as a result of medical malpractice during heart surgery at Downstate Medical Center. To establish liability, appellants relied on the doctrine of res ipsa loquitur, arguing that prior to the operation, Eric was normal but that he was not normal thereafter. Appellants further argued that because brain damage was not a normal risk...

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