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FOOTE v. ALBANY MED.

506577.

71 A.D.3d 25 (2009)

892 N.Y.S.2d 203

KRISTI FOOTE et al., Appellants, v. ALBANY MEDICAL CENTER HOSPITAL et al., Respondents.

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

Decided December 3, 2009.

Attorney(s) appearing for the Case

Powers & Santola, L.L.P., Albany ( Michael J. Hutter of counsel), for appellants.

Maynard, O'Connor, Smith & Catalinotto, L.L.P., Albany ( Robert A. Rausch of counsel), for Albany Medical Center Hospital and others, respondents.

Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany ( Adam H. Cooper of counsel), for William Baethlein, respondent.

Brown & Tarantino, L.L.C., White Plains ( Katherine W. Dandy of counsel), for Brian Evanczyk, M.D., Inc. and another, respondents.

Petrone & Petrone, P.C., Buffalo ( Daniel S. Ratner of Heidell, Pittoni, Murphy & Back, L.L.P., New York City, of counsel), for Birth & Beyond Midwifery Practice of Oneonta, P.L.L.C. and another, respondents.

KANE, STEIN, McCARTHY and GARRY, JJ., concur.

OPINION OF THE COURT

ROSE, J.P.

Plaintiffs' son, who was born in 2003, suffers from severe physical and behavioral disabilities associated with a rare brain abnormality known as Joubert syndrome. They commenced this medical malpractice action alleging that defendants negligently failed to detect their son's condition before his birth and that, if they had been informed of it early enough, they would have terminated the pregnancy. Defendants moved for summary...

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