Heidt v. Rome Memorial Hospital

Order affirmed without costs. Memorandum: Supreme Court properly denied in part the motions and cross motion of all defendants except Rory Tropp, M.D. (defendants) seeking summary judgment dismissing the complaint. There are issues of fact concerning the alleged negligence of defendants in their failure to diagnose the infant and to provide appropriate treatment. “Battered child syndrome” is an accepted medical diagnosis (see, People v Henson, 33 NY2d 63, 73-74), and a medical malpractice action may be premised upon a failure to diagnose it (see, Landeros v Flood, 17 Cal 3d 399, 551 P2d 389).…