BRANIGAN v. DeBROVNER


197 A.D.2d 270 (1994)

Andrew Branigan, an Infant, by His Mother and Natural Guardian, Jean Branigan, et al., Respondents, v. Charles DeBrovner, Appellant, et al., Defendant

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

May 17, 1994


Attorney(s) appearing for the Case

Mark S. Weinstein of counsel (Joan A. Berk with him on the brief; Bartlett, McDonough & Berk, attorneys), for appellant.

William Dinkes of counsel (George Schwarz with him on the brief; Dinkes & Morelli, attorneys), for respondents.

WALLACH, ROSS, ASCH and TOM, JJ., concur.


SULLIVAN, J. P.

On May 14, 1989, plaintiff Jean Branigan, approximately five weeks pregnant, appeared at the emergency room of Central General Hospital complaining of flu-like symptoms and a rash covering most of her body. Routine blood tests, including a rubella titer, were taken. Eventually that same day, she spoke with defendant, Dr. DeBrovner, her gynecologist since 1987, and advised him of her hospital...

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