Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Birth injury cases often center on whether healthcare providers acted quickly enough when complications developed during labor and delivery. A recent New York decision demonstrates that medical malpractice claims involving delayed cesarean sections frequently depend on competing expert testimony regarding the applicable standard of care and whether any delay caused a newborn’s injuries. If your child suffered a preventable birth injury because of delayed medical intervention during labor and delivery, you may be owed damages, and you should speak with an experienced Syracuse medical malpractice attorney as soon as possible.
History of the Case
Allegedly, the plaintiff commenced a medical malpractice action against several healthcare providers involved in the child’s delivery. The plaintiff alleged that the defendants failed to timely perform a cesarean section during labor and that this delay caused the infant to sustain birth-related injuries.
It is reported that the defendants moved for summary judgment, arguing that they did not depart from accepted medical practice and that their conduct did not cause the infant’s injuries. The trial court initially granted the motion and dismissed the claims against those defendants. The plaintiff then moved for leave to reargue, asserting that the court had overlooked the defendants’ improper reliance, in their reply papers, on a new argument that an in-house obstetrician had been notified of the patient’s condition and decided not to proceed with a cesarean section. Upon re-argument, the trial court vacated its prior ruling and denied summary judgment. The defendants appealed.
Summary Judgment in Birth Injury Cases
On appeal, the court affirmed the trial court’s decision. The court first explained that a motion for re-argument is properly granted when the court has overlooked or misapprehended controlling facts or legal principles.
Here, the trial court correctly determined that the defendants improperly advanced a new factual argument for the first time in their reply papers by asserting that an in-house obstetrician had been notified of the patient’s condition and made the decision not to perform a cesarean section. Because the plaintiff had no opportunity to address that theory through responsive papers, the trial court appropriately exercised its discretion in granting re-argument and reconsidering its earlier ruling.
Turning to the merits of the medical malpractice claim, the appellate court reiterated that a defendant physician seeking summary judgment must establish either that there was no departure from accepted medical practice or that any alleged departure did not proximately cause the patient’s injuries. Once that burden is met, the plaintiff must produce competent expert evidence demonstrating the existence of a genuine factual dispute.
Although the defendants established a prima facie showing that their conduct did not cause the infant’s injuries, the plaintiff successfully rebutted that showing through detailed expert testimony. The plaintiff’s expert specifically opined that the cesarean section should have been performed sooner, that the delay constituted a departure from accepted obstetrical practice, and that the delay directly contributed to the infant’s birth injuries. The court emphasized that where qualified medical experts reach conflicting conclusions supported by the record, those disagreements present credibility determinations that cannot be resolved on summary judgment. Instead, they must be decided by a jury after considering the competing expert testimony and all of the surrounding evidence.
Because genuine issues of fact existed regarding both the timeliness of the cesarean section and whether any delay caused the infant’s injuries, summary judgment was properly denied.
Talk to a Dedicated Syracuse Birth Injury Lawyer
If your child sustained an injury at birth due to medical negligence, it is important to understand your rights, and you should speak with an attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, our dedicated Syracuse birth injury attorneys understand the complex medical and legal issues involved in birth injury cases, and if you engage our services, we will work tirelessly to pursue justice on your behalf. You can reach our office through our online form or call 833-200-2000 today to set up a free, confidential conference.
