In this case the plaintiffs are seeking to recover damages for medical malpractice. The plaintiffs allege that the defendants cared for the plaintiff while she was pregnant and that one of the twins died in utero as a result this care.
The plaintiffs of the case are seeking to recover damages for alleged malpractice by the defendants. The plaintiffs allege that the defendants cared for the plaintiff while she was pregnant and that one of her twins died in utero as a result of this care. The plaintiff states that she sustained personal injuries, emotional distress, and pecuniary loss.
The Manhattan plaintiffs allege that she came under the care of the midwife in January of 2004. The plaintiffs allege that the other two defendants were employees of the midwife. During her labor and delivery the wife was attended to by one of the employees of the midwife. The plaintiffs allege that the defendant was careless and negligent and departed from good and acceptable standards of medical practice by failing to properly monitor and follow up with the care and treatment of the plaintiff. The plaintiffs further allege that the defendants did not assist in the care and treatment of her and failed to take the necessary precautions in order to prevent damage and injury to the plaintiff and her twins.
The Westchester defendants seek summary judgment in the case to have the complaints against them dismissed. The defendant doctors argue that they cannot be held liable in this matter because the plaintiff had hired a midwife for the delivery of the twins. When a midwife is hired the doctors take a background role and are only there to offer advice and for this reason they cannot be held liable for the incident at hand.
Court Discussion and Decision
The court has carefully reviewed the facts of the case including the care that caused the demise of one of the infant twins. The plaintiff has provided expert affirmation in the case, but has failed to show the existence of material issues of fact in regard to the care and treatment of the plaintiff by the defendant doctors. The plaintiffs have also not established an existence of material issues in regard to the care provided at the defendant hospital.
For this reason, the court is granting the motions from the defendant doctors and the hospital. The complaints made against them are dismissed.
In regard to the case against the midwife, the court finds that there are triable issues of fact in regard to the case. The motion made by the midwife defendant for summary judgment to dismiss the complaint against her is denied. The ruling in this regard is in favor of the plaintiff.
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