RIVERA v. JOTHIANANDAN

8649, 350665/07, 8650.

100 A.D.3d 542 (2012)

954 N.Y.S.2d 94

YANINA RIVERA, an Infant, by Her Mother and Natural Guardian, CARMEN HERNANDEZ, Appellant, v. K. JOTHIANANDAN M.D., Respondent.

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

November 20, 2012.


Plaintiffs claim that defendant's alleged failure to diagnose and treat the infant plaintiff's appendicitis resulted in an unnecessary open appendectomy, with its resultant scar and other damages, as opposed to the less invasive laparoscopic procedure.

On March 21, 2005, the infant plaintiff, a 10-year-old girl who had complained of a stomach ache and diarrhea, was taken to see defendant. Defendant examined plaintiff, and her findings showed no symptoms of appendicitis...

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