The plaintiffs in this case are Angel Hunter, who is an infant and represented by his mother, Lisa Aveta, and Lisa Aveta for herself. The defendants in the case are Richmond University Medical Center, Michael Moretti, M.D. and Marino A. Poliseno, D.O. The case is being heard in the Richmond County Supreme Court.
Angel, who is an infant in this case, is represented by her mother Aveta. During her deposition, Aveta said that there were diabetes, deafness, brain tumors, and Down’s syndrome, in her family history. A New York Personal Injury Lawyer said she personally has a history of asthma and seizure disorder. She has also had a gynecological surgery. Aveta has been pregnant 14 times and 9 of those times ended in a spontaneous abortion and one ended in neonatal death. Two of her children, including Angel, have seizure disorder. Aveta also has had deliveries that are premature.
Aveta started receiving obstetrical care for Angel’s delivery on January 18th of 2008. On the 14th of May in 2008, Aveta was admitted to RUMC and Angel was delivered this day. He had complications while at the hospital. He was not discharged until June of 2008.
Aveta alleges that she had a high risk pregnancy and that her pregnancy was not managed properly (medical malpractice). She states that because of this poor management, Angel was injured. She also states that there is injury to her as well because she has to provide special care for Angel and that adds expenses.
The plaintiff has provided a bill of particulars that shows the defendants did not treat her high risk pregnancy properly. This lack of care caused Angel to be injured, which leads to the derivative claim made by Aveta.
It is clear to the court that the high risk pregnancy of the plaintiff has to be considered with her past medical history. Just as a mother’s exposure to a pharmaceutical agent or chemical while pregnant cannot be removed from the neonate, the mother’s prior health risks and history cannot be denied either. A Queens Personal Injury Lawyer said this history is what defines a higher risk along with the pregnancy at hand. For this reason the court finds that the past medical history of the plaintiff is relevant to the malpractice suit against the defendants. The plaintiff must waive her physician patient privilege in order for the records to be reviewed.
The infant’s medical records are also relevant in this case. Typically, a person is not required to disclose their medical history in a case such as this. While the plaintiff argues that she is only making a derivative based on the cost of her infant’s added expenses, we feel that her records are necessary for discovery in this case as well.
The motion made by Aveta for a protective order for her medical records is denied. She must provide the defendants with the necessary authorizations to obtain the relevant medical records from the past ten years in regard to her gynecological care and treatment. A Staten Island Personal Injury Lawyer said the court also orders that the protective order for the plaintiff is partially granted and the records after the infant was born are not eligible for discovery. The plaintiff and defendant will follow up in court at a later date.
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