A.C. v. SYLVESTRE

2095, 800021/12.

144 A.D.3d 417 (2016)

2016 NY Slip Op 07129

40 N.Y.S.3d 389

A.C., an Infant by Her Mother and Natural Guardian, JOHANNY C., et al., Appellants, v. GEORGES SYLVESTRE, M.D., et al., Respondents, et al., Defendant.

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

Decided November 1, 2016.


On May 10, 2010, plaintiff mother, who was then about 20 weeks pregnant, underwent an ultrasound at NYPH, and was examined by defendant Georges Sylvestre, M.D., at NYPH. The sonogram revealed, among other things, cervical incompetence — a cervix that dilates without uterine contractions, placing one at risk for, inter alia, preterm birth. Dr. Sylvestre assertedly did not offer to perform a cerclage, a surgery involving a...

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