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PARNELL v. MONTEFIORE MEDICAL CENTER

63 A.D.3d 573 (2009)

BARBARA PARNELL, Individually and as Parent and Natural Guardian of LATOYA FLEMING, an Infant, Appellant, v. MONTEFIORE MEDICAL CENTER et al., Respondents.

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

Decided June 23, 2009.

Dr. Lonner established prima facie that the pneumothorax was not the result of intraoperative negligence. The record discloses that the infant plaintiff was stable during and immediately after surgery, and both intra- and postoperative X rays showed that the chest tube was properly placed and that the right lung was fully inflated. Dr. Lonner's expert averred that there was no evidence to support the allegation that the right lung was injured during surgery. The infant plaintiff...

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