Heidt v. Rome Memorial Hospital

I respectfully dissent. In denying in *787part the motions and cross motion of all defendants except Rory Tropp, M.D. (defendants), Supreme Court concluded that defendant care givers could be held liable in damages for the catastrophic injuries received by the infant, who was physically abused by his father. The court concluded that defendants could be liable for medical malpractice because they each allegedly failed to diagnose the infant’s fractured rib on an earlier admission. Plaintiff does not seek damages for the alleged misdiagnosis that occurred on August 11, 1996; rather, he seeks…