Smith v. Gardy

KAHN, MARTIN D., Associate Judge.

The unsuccessful plaintiff in a medical malpractice raises three issues in this appeal. Although we find no reversible error and affirm, comment is warranted on one of those issues.

A baby was born comatose because of lack of oxygen to the brain. He died some months later without recovering or leaving the hospital, and the lawsuit against the obstetrician followed. As to liability, at issue were causation and standard of care.

The plaintiffs propounded expert interrogatories to the defendant, the responses to which were a gem of obfuscation. The information to…