Legal Opinion
Ellenberger v. Pena
Appellate Division of the Supreme Court of the State of New York
Decided August 16, 1982PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Lazer, J. P.
The plaintiff in this case claims that his infant daughter’s brain damage at birth and her death less than a year later were caused by the negligence of Booth Memorial Hospital and the mother’s obstetrician, Dr. Jose Pena, during the course of the mother’s labor and the delivery of the child. At the trial, plaintiff’s expert witness testified that Dr. Pena’s departures from accepted medical practice included delay in the performance of a Caesarean section, incorrect use of the drug oxytocin to force labor, and failure to use an internal fetal heart monitor.…
2Cases cited6 opinions
- Feldsberg v. NitschkeNew York Court of Appeals · 1980
- Comiskey v. ArlenAppellate Division of the Supreme Court of the State of New York · 1976
- Bernstein v. BodeanNew York Court of Appeals · 1981
- Comiskey v. ArlenNew York Court of Appeals · 1977
- Kimball v. ScorsAppellate Division of the Supreme Court of the State of New York · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mertsaris v. 73rd Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- McAteer v. Arden Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1991
- Monaghan v. YangAppellate Division of the Supreme Court of the State of New York · 1986
- Cipriano v. HoNew York Supreme Court · 2010
- Donaton v. Pool Cover Corp.Appellate Division of the Supreme Court of the State of New York · 2000