SEPULVEDA v. DAYAL

12, 21252/05.

143 A.D.3d 591 (2016)

2016 NY Slip Op 06949

39 N.Y.S.3d 451

MARIA SEPULVEDA, an Infant, by Her Parents, Respondents, v. ASHLESHA DAYAL, M.D., Appellant, et al., Defendants.

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

Decided October 25, 2016.


The infant plaintiff in this case was born with a neuroblastoma tumor, and, as a result, suffered injuries, including spinal cord damage. Physicians did not detect any anomalies during prenatal ultrasounds performed at approximately 13 weeks, 19.6 weeks, and 30.9 weeks of gestation; plaintiffs claim that defendant's failure to detect the tumor in utero caused a delay in treatment, which in turn resulted in the injuries to the infant plaintiff's neurological system.

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