Williams v. Hospital

OPINION OF THE COURT

Kupferman, J. P.

Plaintiffs, an infant and his father, brought this medical malpractice action alleging that due to the defendants’ obstetrical management of the labor and delivery, the infant plaintiff suffered brain damage and an injury which resulted in a palsy of his upper right extremity and hand.

Plaintiffs produced the mother as a nonparty witness for examination. Defendant’s counsel was able to elicit the fact that the mother had two previous children. However, when counsel tried to determine whether either of them had any physical or congenital problems, plaintiff’s…