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MUSHATT v. CAYUGA MEDICAL CENTER

260 A.D.2d 730 (1999)

687 N.Y.S.2d 825

MARILYN MUSHATT, as Parent and Guardian of QUANDALE MUSHATT, an Infant, Appellant, v. CAYUGA MEDICAL CENTER et al., Respondents.

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

Decided April 8, 1999.

Crew III, J.

On August 15, 1990, plaintiff gave birth to her son, Quandale, at defendant Cayuga Medical Center. The child, who was delivered via Cesarean section by plaintiff's now deceased obstetrician, Frank Flacco,* suffers from severe spastic cerebral palsy, profound mental retardation and a severe seizure disorder, all of which, plaintiff alleges, is due to the negligent care and treatment rendered by defendants prior to and during...

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