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MATTER OF KAUR v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

2010-01430.

82 A.D.3d 891 (2011)

918 N.Y.S.2d 545

In the Matter of KULDIP KAUR, as Mother and Natural Guardian of PARMINDER KAUR, an Infant, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, et al., Respondents.

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

Decided March 8, 2011.

Ordered that the order is affirmed, with costs.

The petitioner's son was born on November 10, 2000, by emergency caesarian section after the petitioner's uterus ruptured during an attempted vaginal birth following a prior caesarian section delivery (hereinafter VBAC). The petitioner alleges that the VBAC was performed without her informed consent. The infant allegedly suffered severe brain damage as a result of protracted oxygen deprivation.

Almost nine years...

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