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Defendant Awarded Partial Summary Judgement in Medical Malpractice Action


This case is being heard in the Bronx County Supreme Court in the state of New York. The case involves the deceased infant, Kayla Kesse Madison Charles. The plaintiffs are the administrix of the estate of the deceased infant, Dionne Charles and Dionne Charles on her own. The defendants in the case are Doctor Chaisurat Suvannavejh, Doctor, Fergal D. Malone, Doctor Michael J. Orfino, Elizabeth Riley, R.N., Susan Zucchero, R.N., and the Lawrence Hospital Center.

Case Background

The plaintiff on behalf of herself and her deceased daughter is suing the defendants for medical malpractice that resulted in the wrongful death of her daughter. A New York Injury Lawyer said the defendants of the case, Suvannavejh, Zucchero, and the Lawrence Hospital Center all separately move for a summary judgment that dismissed the claims made by the mother in regard to emotional distress, and loss of comfort and affection. Additionally, the defendant Suvannavejh seeks for the claim made by the mother in regard to lost support, services, and protection be dismissed.

Plaintiff’s Argument

The plaintiff opposes the motions made by the defendant. The plaintiff states that her daughter was stillborn because of medical malpractice of the defendants. She argues that as the mother of the stillborn infant she has the right to recover for the emotional distress that was caused by the death of her infant.

The plaintiff also is claiming loss of services or society on behalf of her child. However, this claim is not acceptable as the child did not live long enough to be capable of providing any services.

The plaintiff is moving to amend her complaints and bill of particulars for the case as the new proposed claims have merit and the amendments that are being proposed do not unfairly prejudiced the defendants. The plaintiff states that the records of her infant daughter raise a factual issue in the case as it is not clear whether or not her daughter was stillborn or if she had a heartbeat and took breaths before her death.

Defendant’s Argument

The defendants argue that the plaintiff by delaying this cause of action is cause for prejudice against them. However, the defendants fail to indicate the type of prejudice that has been caused by the delay.

The defendants have also obtained an official transcript of the infant’s birth from the State Department of Health. However, this document is not verified by the plaintiff or any one else that was present at the time of the birth.

Court Discussion and Decision

The court is partially granting the motion for summary judgment for the defendants. Additionally, Suffolk County Personal Injury Lawyer said the court is granting the plaintiff the right to amend her pleas as specified. The plaintiff may amend her bill of particulars and complaint on the condition that the note at issue is vacated and provides the defendants the opportunity to move again for the partial summary judgment against the claim for emotional distress.

We do agree that the excuse for waiting so long to serve the motion for amendment by the plaintiff is lacking. However, we do not feel that there is any prejudice against the defendants in regard to the changes being requested. A Staten Island Personal Injury Lawyer said the court is denying the motions for summary judgment made by the defendant as it is felt that there are triable issues in this case.

Medical malpractice suits can be time consuming and difficult. If you feel that you have received inadequate care from your physician contact the law offices of Stephen Bilkis & Associates. We offer free consultations to discuss the relevant facts of your case and help you determine what your next steps should be. Our offices are located throughout the city of New York.

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