STEWART, JR. v. KRUPITSKY


6 A.D.3d 256 (2004)

774 N.Y.S.2d 697

DONALD STEWART, JR, Plaintiff, v. VICTOR KRUPITSKY et al., Defendants. VICTOR KRUPITSKY, Third-Party Plaintiff-Respondent, v. LONG ISLAND COLLEGE HOSPITAL et al., Third-Party Defendants-Appellants.

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

April 20, 2004.


Craniosynostosis surgery was performed on the infant plaintiff to correct a congenital skull malformation, but was delayed until the child was 14 months of age. Third-party defendants' experts asserted that the surgery was cosmetic in nature, thus precluding damages proximately resulting from the delay. Plaintiff's experts countered that the delay in diagnosing and treating the craniosynostosis was what led to plaintiff's mental retardation. The contrasting opinions raise...

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