CRUZ v. MT. SINAI HOSP.


191 A.D.2d 325 (1993)

594 N.Y.S.2d 776

Carmelo Cruz, Respondent, v. Mt. Sinai Hospital et al., Appellants, et al., Defendants

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

March 18, 1993


Plaintiff was delivered by Caesarean section at defendant hospital. He cried once, then failed to breathe. Plaintiff was thereupon suctioned three times for removal of heavy mucous from his lungs and given positive pressure oxygen. After six minutes, plaintiff began to breathe on his own. Although lethargic, grunting, and breathing with flared nostrils, his Apgar score of 5, taken shortly after birth, rose to a perfect 10. Plaintiff subsequently fed and behaved normally and...

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