ALTAGRACIA S. v. COWELS

9426, 21433/13E.

172 A.D.3d 605 (2019)

99 N.Y.S.3d 322

2019 NY Slip Op 04095

Altagracia S. et al., Respondents, v. Robert Cowels et al., Appellants.

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

Decided May 28, 2019.


Plaintiff's claims that defendant's misdiagnosis of acute appendicitis resulted in infant plaintiff undergoing an unnecessary appendectomy and the unnecessary surgery was a proximate cause of her subsequent urinary dysfunction. According to defendants, the diagnosis of acute appendicitis was confirmed, but plaintiffs' experts conclude the appendix was normal and the appendectomy was wholly unnecessary. Plaintiff contends that she developed a postoperative infection and, therefore...

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