SANDMANN v. SHAPIRO


53 A.D.3d 537 (2008)

861 N.Y.S.2d 760

SAMANTHA SANDMANN, Respondent, v. EVAN SHAPIRO et al., Appellants.

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

Decided July 8, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff alleged that the defendants departed from accepted practice by failing to admit her mother Nanette Sandmann for monitoring when she first reported to the hospital and by failing to perform a cesarean delivery, and that these departures caused the plaintiff's brain hemorrhage and other injuries.

"[O]n a motion for summary judgment, a defendant doctor has the initial burden...

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