ROSALES-ROSARIO v. BROOKDALE UNIVERSITY HOSPITAL AND MEDICAL CENTER


1 A.D.3d 496 (2003)

767 N.Y.S.2d 122

ROURA ROSALES-ROSARIO et al., Appellants, v. BROOKDALE UNIVERSITY HOSPITAL AND MEDICAL CENTER et al., Respondents.

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

November 17, 2003.


Ordered that the order is reversed, on the law, with one bill of costs, the motions are denied, and the causes of action alleging medical malpractice based on the infliction of a burn are reinstated.

The plaintiff Roura Rosales-Rosario (hereinafter the injured plaintiff) sustained a burn on the inner portion of her right knee while hospitalized to give birth. The record reflects that she was heavily sedated, underwent a vaginal examination performed by the defendant...

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