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STEWART v. NEW YORK CITY HEALTH & HOSPS. CORP.

207 A.D.2d 703 (1994)

616 N.Y.S.2d 499

Monique Stewart, Appellant-Respondent, v. New York City Health and Hospitals Corporation, Respondent-Appellant

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

September 15, 1994

In this medical malpractice case, plaintiff's expert testified at trial that if plaintiff's right fallopian tube had not ruptured as a result of an ectopic pregnancy and been destroyed, plaintiff would have had a less than 50 percent chance of having a child by means of sexual intercourse, which he could not "specifically" quantify.* Defendant's expert calculated the percentage at 5 to 10 percent. The jury found that "the omission to diagnose...

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