Mays v. Children's Hospital

Order unanimously reversed on the law without costs and motion denied. Memorandum: Infant plaintiff was healthy and normal when born at defendant hospital on September 10, 1986. On the following *1026morning, in preparation for drawing a blood sample, a nurse in the hospital’s newborn nursery wrapped the infant’s foot and leg with a heated wet washcloth covered by a disposable diaper. When the wrapping was removed, the phlebotomist noted a blister on the rear of the baby’s left calf. The blister measured V2 centimeter by 1 centimeter. It was lanced, drained, cleaned, treated with ointment and…