J.G. v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

10629. 21246/13E.

178 A.D.3d 577 (2019)

112 N.Y.S.3d 508

2019 NY Slip Op 09115

J.G., an Infant, by His Mother and Natural Guardian, Tanisha S., et al., Appellants, v. New York City Health and Hospitals Corporation, Respondent.

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

Decided December 19, 2019.


Attorney(s) appearing for the Case

Burns & Harris, New York ( Jason Steinberg of counsel), for appellants.

Zachary W. Carter , Corporation Counsel, New York ( D. Alan Rosinus, Jr. of counsel), for respondent.

Concur—Friedman, J.P., Webber, Gesmer, Kern, JJ.


The infant plaintiff alleged personal injuries resulting from defendant's negligence in delaying surgical intervention to treat compartment syndrome that developed after he sustained a gunshot wound to his right leg. Defendant met its prima facie burden of establishing the absence of a departure from good and accepted medical practice, or that any such departure was not a proximate cause of the patient's injuries, by submitting evidence that defendants timely commenced a...

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