Summary Judgment Win in Labor & Delivery Case
Michele McEnroe and William Bird recently won summary judgment in a labor and delivery case where SACS represented the hospital.
The case involved allegations that defendants negligently managed the plaintiff’s labor and delivery on December 12, 2020, resulting in severe brain damage.
In her pointed oral argument, Michele argued that the case law in New York establishes that a hospital can be held liable for the alleged malpractice of private attending only where the orders of the private attending so greatly deviate from normal medical practice that the hospital staff should have questioned the orders. The facts at bar did not give rise to an exception to that well established rule.
The judge ultimately agreed with SACS’ arguments and those set forth by our expert. The co-defendant did not so greatly deviate from the standard of care in his management of this complex delivery that the employees of the hospital were obligated to question his actions. Also, plaintiff’s counsel failed to identify any independent acts of negligence on the part of the hospital staff. As such, liability as to the hospital could not be established. Noting also that the plaintiff’s expert affirmation was conclusory and did not overcome the defendant’s prima facie case for summary judgment, our motion was granted in its entirety.
William’s excellent motion papers supported by Michele’s oral argument highlight the constant need for zealous advocacy, even when the case law is in your favor.
