Espinosa

This is an appeal from a judgment of nonsuit entered in a medical malpractice action. Plaintiff Ricardo C. Espinosa, Jr., brought this action through his guardian ad litem for brain damage allegedly sustained by him due to the negligence of defendants Little Company of Mary Hospital (Hospital), which performed certain prenatal care and testing, and Dr. Michael L. Friedman who was the delivering obstetrician.

The case was tried to a jury where plaintiff proceeded on the theory that defendants’ negligence in performing the prenatal care and delivery of plaintiff was a substantial factor in causing him to be bom with significant brain damage. After several days of testimony, the trial court, apparently satisfied that plaintiffs’ expert witnesses had not sufficiently established the element of causation between defendants’ acts and plaintiff’s brain damage, granted a motion for nonsuit.

After an examination and consideration of the causation evidence presented by plaintiff, and with due regard to the proper standard to be applied in the review of a judgment of nonsuit, we are satisfied that plaintiff did present sufficient evidence to go to the jury on this issue. We…