OLIVIA R. v. MORRIS

805116/14. Appeal No. 12173-12173A. Case No. 2019-2400.

187 A.D.3d 619 (2020)

131 N.Y.S.3d 133

2020 NY Slip Op 06035

Olivia R., an Infant, by her Mother and Natural Guardian, Victoria R., Appellant, v. Marilyn Morris, M.D., et al., Respondents.

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

Decided October 22, 2020.


Defendants made a prima facie showing of entitlement to summary judgment through their experts' affirmations, which established that defendants did not depart from good and accepted standards of medical practice relating to infant plaintiff's care while on a ventilator, plaintiff did not suffer any brain injury caused by oxygen deprivation, and the cause of plaintiff's alleged injuries was congenital (see Roques v Noble, 73 A.D.3d 204

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