A.A. v. ST. BARNABAS HOSP.

10187, 350314/09.

176 A.D.3d 582 (2019)

110 N.Y.S.3d 670

2019 NY Slip Op 07695

A.A., an Infant, by His Mother and Natural Guardian, et al., Respondents, v. St. Barnabas Hospital, Appellant, et al., Defendants.

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

Decided October 24, 2019.


Attorney(s) appearing for the Case

Gabarini & Scher, P.C., New York ( Thomas M. Cooper of counsel), for appellant.

Meagher & Meagher, P.C., White Plains ( Merryl F. Weiner of counsel), for respondents.

Concur—Friedman, J.P., Kapnick, Oing, Singh, JJ.


Plaintiffs assert claims for medical malpractice, loss of services, and lack of informed consent in connection with the premature birth of the infant plaintiff at defendant St. Barnabas Hospital. Plaintiffs allege that St. Barnabas departed from the standard of care by negligently performing a transvaginal ultrasound (TVU) on October 22, 2007, notwithstanding the prior diagnosis of placenta previa, and by failing to obtain informed consent to this procedure. Plaintiffs further...

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