In this birth injury action, Plaintiff claims that defendants deviated from good and accepted medical practice by failing to perform a cesarean section during his birth on December 10, 2003, and that this failure caused him to sustain a hypoxic event, which is responsible for expressive and language deficits and a developmental disorder that were diagnosed when he was about 4 1/2 years old.
A Bronx County Injury attorney said that the court granted defendants’ motion for summary judgment primarily on the ground that expert evidence disclosed that no hypoxic event occurred during plaintiff’s birth and that plaintiff failed to raise a triable issue of fact because his main expert was unqualified to give an opinion, pursuant to the “locality rule”.
The court found that, while the locality rule may not apply here, defendants were correctly granted summary judgment because plaintiff did not raise factual issues as to either a departure or a resulting injury.
Defendants submitted the affirmation of a doctor, chairperson of the Department of Obstetrics and Gynecology at Columbia University–New York Hospital. He, basing her opinion on the medical records and testimonial evidence, a neurological evaluation of plaintiff in July 2008, and the complaint and bill of particulars, opined that defendants did not deviate from good and accepted medical practice, that no hypoxic incident occurred, and that no injury could be reasonably attributed to any act or omission by defendants.
He pointed to the post-delivery assessment of arterial and venous umbilical cord blood gases, both of which fell within normal limits. She also noted that plaintiff, whose delivery was complicated by shoulder dystocia and a nuchal cord, was discharged from the hospital three days after his birth, at which time he was “active, alert, voiding and stooling appropriately and feeding on demand.”
With respect to the delivery and subsequent treatment, the doctor found that medical defendants effectively managed the delivery complications, including both the shoulder dystocia and the nuchal cord. She noted that a Doctor successfully performed a procedure called a “Wood’s screw maneuver” to address the dystocia and deliver the shoulder, and added that nuchal cords occur in about 25% of all births and have no bearing on whether to perform a cesarean delivery.
To Be Cont…
If injuries were sustained during the time of delivery, we have Bronx County Birth Injury Attorneys here in Stephen Bilkis and Associates to serve you. We will render an advice which will enlighten you on what actions to take. In case of other injuries, you can consult also our Bronx County Injury Lawyers.