FERNANDEZ v. MOSKOWITZ

4768, 111669/07.

85 A.D.3d 566 (2011)

925 N.Y.S.2d 476

2011 NY Slip Op 5344

MARQUES FERNANDEZ, an Infant, by his Mother and Natural Guardian, RUTH DE LOS SANTOS, Respondent, v. JOEL MOSKOWITZ, M.D., et al., Appellants.

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

Decided June 21, 2011.


Infant plaintiff, Marques Fernandez (infant), and his mother, plaintiff Ruth De Los Santos (mother), allege that defendants Dr. Moskowitz and New York University Medical Center (NYUMC) deviated from the standard of care during prenatal care, and labor and delivery, and that defendants failed to obtain informed consent for the emergency caesarean section. As a result of this alleged malpractice, plaintiffs claim infant suffered a...

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