LABELLO v. ALBANY MED. CTR.


200 A.D.2d 299 (1994)

Tina LaBello, as Parent and Natural Guardian of Donald LaBello, an Infant, Respondent, v. Albany Medical Center Hospital et al., Appellants

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

July 7, 1994


Attorney(s) appearing for the Case

Maynard, O'Connor & Smith, Albany (Christine K. Krackeler and Arete Sprio of counsel), for appellants.

Michaels & Bell, P. C., Auburn (Paul C. Campbell and John V. Bell of counsel), for respondent.

MERCURE and CREW III, JJ., concur with WHITE, J.; YESAWICH JR., J., and MIKOLL, J. P., dissent in a separate opinion by YESAWICH JR., J.


WHITE, J.

In her complaint in this medical malpractice action stemming from defendants' prenatal treatment of her, plaintiff alleges that, between November 9, 1982 and November 11, 1982, defendants failed to correctly and properly assess the significance of an ultrasound report and an amniocentesis test and permitted her to proceed beyond full term, thereby causing the infant to be born on November 30, 1982...

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