DiMARTINI v. HOSP. OF ALBERT EINSTEIN COLL. OF MED.


166 A.D.2d 201 (1990)

Jeannie DiMartini, an Infant, by Jeanette DiMartini, Her Mother and Natural Guardian, Respondent, v. Hospital of Albert Einstein College of Medicine et al., Defendants, and David Rosenzweig, Appellant

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

October 4, 1990


This is an action in medical malpractice for defendant's failure to diagnose the bilateral hip dysplasia of the infant plaintiff who was born in 1975. The parties concede that the child was born with this condition. In 1981, when the child was nearly six years old, she was first seen by defendant. Defendant moved for summary judgment on the ground that he did not depart from good and accepted standard of medical treatment and that he did not proximately cause plaintiff's...

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