Fahey v. Canino

Appeal from an order of the Supreme Court (Rumsey, J.), entered March 7, 2002 in Broome County, which granted defendants’ motion for summary judgment dismissing the complaint.

In January 1999, plaintiff Debra Ann Fahey (hereinafter plaintiff), then approximately two months pregnant, began *1070obstetrical care with defendant OBGYN Health Care Associates, P.C. At her initial appointment, defendant Anthony C. Canino, a partner at OBGYN, discovered, via an ultrasound, the absence of a fetal heartbeat. Subsequently, Canino performed dilation and curettage surgery (hereinafter D & C) to remove the…