Lead Paint and Medical Malpractice

In Burnett v. Jeffers, the Second Department held that there was sufficient evidence to hold a medical center liable for lead poisoning injuries due, not to post-injury care, but to a pre-injury failure to advise of and provide guidance about lead poisoning.  The Second Department affirmed the jury's finding that accepted medical practice would have been “to perform lead poisoning risk assessments and provide lead poisoning anticipatory guidance” during pediatric visits.  The Court also affirmed the jury's apportionment against the Hospital of 60% for one child and 40% for the other child.