AYOUNG v. EPSTEIN


177 A.D.2d 460 (1991)

Kimlin Ayoung, an Infant, by Her Father and Natural Guardian, Thomas Ayoung, Respondent, v. Fred Epstein, Appellant

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

November 26, 1991


The record contains sufficient evidence for a factual finding that defendant's malpractice was a substantial and proximate cause of plaintiff's injuries. Plaintiff's medical expert testified that the removal of excessive temporal lobe during the operation, in an attempt to get at the source of several recurring seizures, was medically unnecessary and caused plaintiff to develop hemiplegia and become permanently disabled. Defendant's medical witnesses' contrary opinion as...

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