The Pediatrician attempted to convince the jury that the Plaintiff's signs and symptoms of scoliosis were not present during his examinations and therefore, he was not responsible for a failure to diagnose. The jury, however, disagreed with the Pediatrician and found in favor of the young girl, who is now 17 years old, holding the Pediatrician negligent for his failure to diagnose infantile scoliosis and failing to refer her to an orthopedic surgeon for consultation. Had this Pediatrician not committed Medical Malpractice in failing to refer the Plaintiff to an orthopedic surgeon, she would have been braced instead of having to undergo spinal surgery. Although the insurance company who insured the doctor took a hard line position that the doctor was not negligent and that bracing for patients with infantile scoliosis was not effective, the jury disagreed. The jury in this case spoke with a loud and clear voice that in Nassau County, New York, it is expected that proper diagnosis be made by medical professionals and if they are not, doctors will be held accountable.