CLARKE v. UNION HOSPITAL OF THE BRONX


6 A.D.3d 229 (2004)

774 N.Y.S.2d 530

JOHN CLARKE, an Incapacitated Person, by MAMIE MASSENBURG and Another, as Coguardians, Appellant-Respondent, v. UNION HOSPITAL OF THE BRONX et al., Defendants, NATIVIDAD R. RAMIREZ, M.D., Respondent-Appellant, and DOROTHY PANIO, as Executor of JOSEPH PANIO, M.D., Deceased, Respondent.

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

April 13, 2004.


Plaintiff sues to recover damages for brain damage he allegedly sustained in utero by reason of hypoxia attributable to a delayed cesarean section. According to the complaint, the cesarean section was delayed because the hospital anesthesiologist on call at the time, defendant Dr. Ramirez, did not answer her beeper and the then chief of the hospital's anesthesiology department, Dr. Panio, upon being advised that Dr. Ramirez had not responded when called, failed to arrange...

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