Justice Marsha L. Steinhardt
In a medical malpractice action, plaintiff claimed defendant emergency room physician Dr. Anim failed to admit 5-week-old Yamilette when she was brought to Wyckoff Heights Medical Center. Amin also failed to order a chest x-ray on the same day, which would have indicated inflammation of the small airways. Plaintiff contended these departures proximately caused the infant to sustain neurological injury as a result of the ensuing respiratory distress treated at a subsequent hospital admission. Plaintiff moves to set aside the jury’s verdict against her as being against the weight of the evidence. The instant court set aside the verdict and ordered a retrial on liability and damages. The court concluding that the jury’s finding that Amin did not depart from good, accepted medical practice in his decisions to discharge the infant and to not order x-rays could not have been reached upon any fair interpretation of the evidence. Defendant’s own expert opinion was against the interest of the doctor and, in effect, favored the plaintiff. The court added that the jurors could not ignore the medical experts’ testimony as to the prudence of keeping the infant, at minimum, in the emergency room for observation.
