Hughes v. Temple

Order unanimously affirmed with costs. Memorandum: In this medical malpractice action, defendant Temple contends that Supreme Court should have granted his motions to dismiss made at the conclusion of plaintiffs’ proof and at the end of the trial because plaintiffs failed to prove proximate cause between any alleged deviations from accepted standards of obstetrical care and the infant plaintiff’s injuries. Defendant concedes, however, that plaintiffs made out a prima facie case on obstetrical deviations and on hypoxia as a cause of cerebral palsy and mental retardation.

Plaintiffs maintain…