When people suffer harm in the course of receiving medical care, it is often due to the incompetence of their healthcare providers. Negligent healthcare providers, however, will rarely admit liability. In other words, the parties will dispute whether the medical acts in question were performed properly and, if not, whether they were the cause of the patient’s harm. Whichever party presents more compelling arguments typically prevails, but in some cases, the courts rule improvidently and dismiss a plaintiff’s medical malpractice case despite evidence that indicates they should be permitted to proceed with their claims. Recently, a New York court discussed the ground for granting summary judgment dismissal of medical malpractice claims in a case in which the plaintiff’s claims were ultimately reinstated. If you were hurt by a reckless physician, you should talk to a Rochester medical malpractice lawyer about your potential claims.
The Facts of the Case
It is reported that the plaintiff, who was 28 weeks pregnant, went to the defendant hospital with complaints of decreased fetal movement. The defendant’s residents examined the plaintiff, and the plaintiff was admitted to the hospital. The following morning the defendant ob-gyn examined the plaintiff’s fetal monitoring strip and recommended that the plaintiff’s care remain the same. The next day, a sonogram showed that the fetus had a weak heart rate, and the plaintiff underwent an emergency c-section.
Allegedly, the infant suffered severe brain damage due to the fact that he was deprived of oxygen before delivery. He died shortly after he was born. The plaintiff filed a medical malpractice and wrongful death lawsuit against the defendants. The defendant ob-gyn moved for summary judgment, and the court granted his motion. The plaintiff appealed. Continue reading