Articles Posted in Medical Malpractice

Marlowe v. Staten Island University Hospital is a medical malpractice case that centers around the tragic death of a newborn infant. The case provides a sobering reminder of the devastating consequences that can result when healthcare providers fail to meet the standard of care that is expected of them. During the labor and delivery process, healthcare providers must continuously monitor the fetal heart rate to ensure that the baby is receiving enough oxygen and nutrients. If the healthcare providers notice any signs of distress, such as an abnormal heart rate or reduced movement, they must take appropriate action to address the distress and prevent any harm to the baby.

Background

In 2001, Ashley Marlowe arrived at Staten Island University Hospital for the delivery of her first child. During the labor and delivery process, her baby experienced fetal distress, but the healthcare providers allegedly failed to provide appropriate care to address the distress. As a result, Marlowe’s baby was born with severe brain damage and died a few days later.

Informed consent and apparent authority are two important legal concepts that are relevant in the healthcare industry. Informed consent refers to the right of patients to receive adequate information about their medical treatment options and to make informed decisions about their care. Apparent authority, on the other hand, refers to the legal doctrine that holds hospitals and other healthcare providers responsible for the actions of their employees or agents, even if those actions were not explicitly authorized.

In Johnson v. New York Methodist Hospital the plaintiff alleged that she did not give informed consent for a medical procedure and that the hospital was liable for the actions of an independent contractor who performed the procedure.

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