Thorough and attentive care is vital during pregnancy. Unfortunately, oversights made by careless OB-GYNs are common and often lead to adverse consequences for both expectant mothers and their unborn children. Families harmed by medical negligence can pursue claims against the parties responsible for their losses, but providers will often try to evade liability, and the matter will ultimately become a battle of the experts. Recently, a New York court explained the burden of proof imposed on each party in an OB-GYN malpractice case in which it ultimately determined the plaintiff set forth sufficient evidence to proceed to trial. If you or your child were harmed by incompetent care during your pregnancy, you have the right to pursue damages, and you should contact a Rochester medical malpractice lawyer.
The Plaintiff’s Allegations
It is reported that the plaintiff was referred to the defendant for care during her pregnancy due to the fact that she was of advanced maternal age and suffered from chronic hypertension and was therefore deemed to be high risk. The plaintiff alleged that the defendant failed to control her blood pressure during her pregnancy despite knowing her pre-existing conditions.
Allegedly, the defendant also neglected to admit the plaintiff to the hospital when she showed signs of pre-eclampsia and pregnancy-induced hypertension, which ultimately resulted in a premature birth and harm to her child. As such, she filed a medical malpractice lawsuit against the defendant. The defendant moved for dismissal of the plaintiff’s claims through summary judgment, but the court denied her motion. She then appealed. Continue reading