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ROBERTS v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS

298 A.D.2d 376 (2002)

751 N.Y.S.2d 389

EVELYN L. ROBERTS, Respondent, v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS, Appellant.

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

Decided October 7, 2002.

Ordered that the order is reversed, with costs, and the motion is denied.

The plaintiff commenced this medical malpractice action alleging that the defendant's negligent care of Rasheeda Roberts resulted in permanent brain damage arising from hypoxia. At the time in question, Rasheeda Roberts was in the intensive care unit of the defendant hospital, intubated due to respiratory failure. However, in support of her motion for summary judgment on the issue of liability...

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