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MILLER v. CHALOM

269 A.D.2d 37 (2000)

710 N.Y.S.2d 154

MITCHELL MILLER, an Infant, by DAVID MILLER, His Father and Natural Guardian, Plaintiff, and STACEY MURPHY, Appellant, v. MARK CHALOM, Respondent.

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

June 29, 2000.

Attorney(s) appearing for the Case

Cappiello, Hofmann & Katz, New York City (Edward M. Katz of counsel), for appellant.

Carter, Conboy, Case, Blackmore, Napierski & Maloney, P. C., Albany (Christine M. Napierski of counsel), for respondent.

CARDONA, P. J., MERCURE, SPAIN and ROSE, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

This lawsuit stems from events surrounding the birth of plaintiff Mitchell Miller on November 1, 1995. During the child's birth, while performing an episiotomy1 on the mother, plaintiff Stacey Murphy, defendant accidentally cut off a portion of the child's left index finger. In the second cause of action in this medical malpractice suit, Murphy seeks to recover personally for the "psychological...

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