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BROWN v. BAUMAN, M.D.

36 A.D.3d 418 (2007)

827 N.Y.S.2d 140

SHEILA BROWN et al., Appellants, v. JAY M. BAUMAN, M.D., Respondent, et al., Defendants. MARC HOROWITZ, Nonparty Respondent.

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

Decided January 4, 2007.

Plaintiffs assert that Dr. Bauman's failure to appear in the delivery room in time to deliver their child was a departure from accepted medical practice that proximately caused a laceration of the mother's perineum during childbirth. Dr. Bauman attributed his lateness to back spasms that forced him to rest at home before heading to the hospital. In so alleging, he placed his physical condition "in controversy" within the meaning...

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