Campos v. Beth Israel Medical Center

In an action to recover damages for medical malpractice and lack of informed consent, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), entered June 17, 2010, which denied their motion to preclude the plaintiffs expert and any other witnesses called by the plaintiff from testifying concerning certain unpleaded allegations relating to the defendants’ alleged malpractice on- the ground that the plaintiff failed to provide timely notice of these additional theories of liability in their pleadings and bills of particulars.

Ordered that the order is…