STEVENSON v. GHOSH-HAZRA

Index No. 20565/19E. Appeal No. 15602. Case No. 2021-04135.

203 A.D.3d 641 (2022)

163 N.Y.S.3d 400

2022 NY Slip Op 02103

Aaisha Stevenson, as Mother and Natural Guardian of C.J., Appellant, v. Kabita Ghosh-Hazra, M.D., et al., Respondents.

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

Decided March 29, 2022.


Attorney(s) appearing for the Case

Landers & Cernigliaro, P.C., Carle Place ( Stanley A. Landers of counsel), for appellant.

Kaufman Borgeest & Ryan LLP, New York ( Jacqueline Mandell of counsel), for respondents.

Concur—Kapnick, J.P., Webber, Friedman, Kennedy, Mendez, JJ.


In this medical malpractice action, plaintiff alleges that defendants failed to timely diagnose the infant plaintiff's brain tumor, causing him to have a worse prognosis and no chance for a complete resection of the tumor. Defendants established their prima facie entitlement to summary judgment by submitting detailed expert affidavits showing that, even assuming they were responsible for an eight-month delay in diagnosis, that did not proximately cause any of the infant plaintiff...

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