NY Docs Roped Back Into Suit Over Newborn's Brain Damage

Law360 (July 16, 2020, 10:28 PM EDT) -- A New York appeals court has revived a suit accusing two doctors of failing to timely resuscitate and place a breathing tube in a newborn baby and causing permanent brain damage, saying factual disputes regarding the treatment should be resolved by a jury.

A four-judge Appellate Division panel on Wednesday reversed a summary judgment ruling in favor of Drs. Joseph De Christofaro and Swati Aleti-Jacobs in a suit accusing the neonatologists of negligently delaying the resuscitation of Kimberly Silverio's newborn, referred to as E. K., after he was born suffering from a lack of oxygen, which caused permanent brain damage and...

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