CALLISTRO v. BEBBINGTON

Nos. 6367, 15816/07, 6368.

94 A.D.3d 408 (2012)

941 N.Y.S.2d 137

2012 NY Slip Op 2423

MUSA CALLISTRO, an Infant, by His Mother and Natural Guardian, JESSICA RIVERA, Appellant, v. MICHAEL W. BEBBINGTON, M.D., et al., Respondents.

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

Decided April 3, 2012.


Plaintiff claims that defendants deviated from good and accepted medical practice by failing to perform a cesarean section during his birth on December 10, 2003, and that this failure caused him to sustain a hypoxic event, which is responsible for expressive and language deficits and a developmental disorder that were diagnosed when he was about 4½ years old.

The court granted defendants' motion for summary judgment

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