BROWN v. BAUMAN


61 A.D.3d 540 (2009)

876 N.Y.S.2d 644

SHEILA J. BROWN et al., Appellants, v. JAY M. BAUMAN, M.D., Defendant, and DOROTHY A. PRZYDZIAL, M.D., et al., Respondents.

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

Decided April 21, 2009.


Plaintiff patient alleges medical malpractice injury during childbirth. In an earlier ruling, we held that defendant Bauman, the OB/GYN, was not negligent by reason of his failure to attend the patient personally. We found no evidence of causation by him based on the speculative allegation that if the patient had been properly examined, a "third/fourth degree laceration" would have been found; the efforts of plaintiffs' experts at "`reasoning back' from the fact of injury...

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