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RICHARDS v. LOURDES HOSPITAL

58 A.D.3d 927 (2009)

870 N.Y.S.2d 627

HEATHER RICHARDS, Individually, as Parent and Guardian, and as Proposed Administrator of the Estate of ISABELLA SIENNA SCOTTO D'ANTUONO, an Infant, Deceased, et al., Appellants, v. LOURDES HOSPITAL et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

January 8, 2009.

PETERS, J.P.

Plaintiff Heather Richards (hereinafter the mother) gave birth to a daughter on May 1, 2005 at Our Lady of Lourdes Memorial Hospital (sued herein as defendant Lourdes Hospital) in Broome County. The infant passed away later that day. On April 28, 2006, the mother and plaintiff Dario Scotto (hereinafter the father) commenced this action against the hospital and defendant Gary Nicholson, the obstetrician who delivered the baby, to recover damages for wrongful...

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