Summary Judgment For Obstetricians and Anesthesiologist
Suffolk County Supreme Court Justice , the Honorable Emily Pines granted Summary Judgment, dismissing all claims against two obstetrricians, an anesthesiologist and several resident physicians in the case. The infant plaintiff was born 7 weeks premature following an emergency Caesarean Section performed for a complication called prolapsed umbilical cord. The Caesarean Section saved the child’s life. Plaintiffs claimed that the chiild suffered hypoxic brtain injury and various physical, behavioral and cognitive deficits including autism spectrum disorder and cerebral palsy due to failure to keep his mother at complete bedrest and delay in treatment.
We moved for summary judgment on behalf of our clients, the hospital based attending obstetricians and the anesthesiologist, offering proof that our clients adhered to accepted standards of obstetrical and anesthesia care and that plaintiff could not have suffered the claimed hypoxic brain damage. Expert affidavits, from an anesthesiologist, a perinatologist and a pediatric neurologist were submitted in support of our motion. The Court held that plaintiff’s counsel failed to adequately rebut defendants’ prima facie proof of entitlement to summary judgment. Arnold H. Bank, MD, JD, a board certified bstetrician and an associate attorney at the firm prepared the motion.