Summary Judgment Win in C-Section Case
Congratulations to Shaub attorneys Patricia Tierney-Stone and Michael Pitre who recently had a complete defense win in a medical malpractice and informed consent action.
This case involved allegations that the plaintiff’s C-section delivery performed by the co-defendant at our hospital was unnecessary because it was necessitated by a positive HIV-rapid screening on admission which was later determined to be a false-positive. Plaintiff alleged that this resulted in the deprivation of bonding with the infant.
In response to our motion on behalf of the hospital and the consulting ID specialist, plaintiff only opposed the motion on behalf of the hospital on the grounds that the hospital failed to obtain informed verbal consent for the rapid HIV testing in the first place and later, failed to obtain plaintiff’s informed consent for the cesarean section.
Ultimately, the Court ruled that the hospital “demonstrated as a matter of law that the false positive result of the allegedly unconsented to rapid HIV test was not the proximate cause of her unwanted cesarean delivery.” The Court held that “plaintiffs’ complaint, including the cause of action for lack of informed consent, must be dismissed.”
Further, the Court held, the evidence demonstrated that the two rapid HIV tests were equivocal, and that the infant was at risk of vertical transmission of the HIV virus if delivery were to proceed vaginally. Consequently, the evidence showed that a reasonably prudent person in the mother’s position would not have declined a cesarean section. In opposition the plaintiff’s failed to raise a triable issue of fact.
The Court has considered plaintiffs’ remaining arguments and finds them unavailing.
