Rochester Medical Malpractice and Personal Injury Lawyer Blog
When medical providers fail to meet the standard of care during childbirth, the consequences can be life-altering for both the child and their family. Birth injuries caused by medical negligence often require lifelong care, significant medical expenses, and emotional hardship. A recent case filed in New York highlights the legal complexities surrounding claims for medical malpractice and the burden of proof required to establish liability. If your child suffered an injury during delivery, you may have a claim for compensation, and it is critical to consult a skilled Rochester birth injury attorney.
Background of the Case
It is alleged that the plaintiffs sought prenatal care and delivery assistance for their infant in June 2020 at a hospital. The plaintiff mother was admitted to the hospital due to contractions, where the attending physician was on call. During the delivery process, the attending physician encountered complications, specifically shoulder dystocia, a condition where the infant’s shoulder becomes impacted, delaying birth.
It is reported that after multiple attempts to dislodge the baby’s shoulder, the attending physician called for assistance. A second physician responded to the call. The plaintiffs testified that the attending physician and the assisting physician used significant force during the delivery, which resulted in the infant suffering from Erb’s palsy—a nerve injury causing weakness and immobility in the arm. The plaintiffs further claimed that the assisting physician did not identify himself and failed to document his involvement in the delivery.
Reportedly, the plaintiffs filed claims under the Federal Tort Claims Act (FTCA) against the defendant, asserting that the assisting physician’s actions constituted medical malpractice. The plaintiffs argued that excessive force during delivery caused permanent injury to their child. The defendants then moved for summary judgment.
Grounds for Denying Summary Judgment in Medical Malpractice Cases
When reviewing the defendant’s motion for summary judgment, the court noted that under the FTCA, plaintiffs must demonstrate that the medical provider breached the accepted standard of care and that this breach directly caused the injury. The government argued that the plaintiffs failed to submit their claims within the statutory two-year period and that the assisting physician’s actions did not deviate from the standard of care.
It is well-established under New York law that medical professionals must act in accordance with generally accepted medical practices. The court noted that the attending physician’s deposition revealed attempts to dislodge the baby’s shoulder using standard techniques, including the Woods Screw maneuver. However, the plaintiffs presented expert testimony stating that excessive force was applied and that the resulting Erb’s palsy could have been avoided if the delivery had been managed appropriately.
The court found factual disputes regarding the assisting physician’s involvement in the delivery and whether his actions contributed to the injury. Specifically, the plaintiffs argued that the assisting physician failed to properly document his involvement, which raised questions about whether his actions were necessary and appropriate under the circumstances. Given these unresolved factual issues, the court denied the government’s motion for summary judgment, allowing the case to proceed to trial.
Meet with a Seasoned Rochester Medical Malpractice Attorney
If your child sustained a birth injury due to medical malpractice, you may be entitled to compensation, and you should meet with an attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester medical malpractice attorneys have extensive experience handling claims against negligent healthcare providers, and if you hire us, we can help you fight for the compensation your family deserves. You can contact us at 833-200-2000 or visit our website to schedule a consultation.
