Richards v. Lourdes Hospital

Peters, J.P.

Appeal from an order of the Supreme Court (Tait, J.), entered December 26, 2007 in Broome County, which granted defendants’ motions to dismiss the complaint.

Plaintiff Heather Richards (hereinafter the mother) gave birth to a daughter on May 1, 2005 at Our Lady of Lourdes Memorial Hospital (sued herein as defendant Lourdes Hospital) in Broome County. The infant passed away later that day. On April 28, 2006, the mother and plaintiff Dario Scotto (hereinafter the father) commenced this action against the hospital and defendant Gary Nicholson, the obstetrician who delivered the baby,…