Burgos v. Flower & Fifth Avenue Hospital

OPINION OF THE COURT

Martin B. Stecher, J.

Israel Burgos is a learning disabled child. As plaintiff, he, through his guardian, contends that the disability is a consequence of the negligent care rendered by the defendants in the “prenatal, labor and delivery stages” of his birth “and thereafter.” The moving defendants assert that the defects are genetic. They seek to compel authorization to inspect school records concerning the infant plaintiff as well as records of the East Harlem Health Center and Doctors Montoya and Finkelstein. On oral argument, the requests concerning these two physicians…