DE JESUS v. MISHRA

25804/04, 5809.

93 A.D.3d 135 (2012)

939 N.Y.S.2d 403

2012 NY Slip Op 1579

KATHERINE DE JESUS et al., Respondents, v. ARUNA MISHRA, M.D., Appellant, et al., Defendants.

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

Decided March 1, 2012.


Attorney(s) appearing for the Case

Kaufman Borgeest & Ryan LLP, Valhalla ( Jacqueline Mandell of counsel), for appellant.

The Jacob D. Fuchsberg Law Firm, LLP, New York City ( Leslie D. Kelmachter and Jay A. Wechsler of counsel), for respondents.

TOM, J.P., MOSKOWITZ, DeGRASSE and ABDUS-SALAAM, JJ., concur.


OPINION OF THE COURT

SAXE, J.

This appeal concerns the tragic stillbirth of an infant at the Bronx-Lebanon Hospital Center on October 13, 2003, in particular, the parents' malpractice claim against Dr. Aruna Mishra, the attending physician who delivered the stillborn infant by emergency cesarean section (c-section).

It is undisputed that when the parties arrived at the hospital's labor and delivery facility that morning, the infant was still alive...

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