This case is being heard in the Supreme Court of Nassau County. The plaintiffs of the case are seeking to recover damages for medical malpractice. The plaintiffs allege that as a result of the negligence of the defendants the infant plaintiff suffered from fetal complications including oxygen deprivation that caused brain damage and resulting complications.
The infant plaintiff was born on the 29th of April, 2004. By December of 2004 he was diagnosed with cerebral palsy, left – sided hemiparesis, motor deficit, delayed speech, and cognitive deficits. The defendant in the case is the obstetrician of the mother. He treated the mother at his office and at the hospital.
The defendant doctors conducted numerous tests on the plaintiff mother during the last few weeks of her pregnancy including ultrasound studies, biophysical profiles, and no stress tests.
The plaintiffs allege that the doctor was negligent by not adequately monitoring the plaintiff mother and failing to warn them about the possible conditions that might be of concern because of possible compromise of the fetus. Furthermore, the plaintiff states that the doctor failed to see the signs of pre-eclampsia and abnormal non-stress tests that showed a lack of movement and lack of breathing of the infant.
All of the Suffolk defendants of the case are seeking summary judgment to dismiss the complaints made against them. Alternatively, they challenge the admissibility of the proposed expert testimony from the plaintiff.
Each of the defendants has established their entitlement to summary judgment. They have fully established that all off their treatment of the plaintiff was in accordance with prevailing medical standards.
Case Discussion and Decision
In order for summary judgment to be granted the party seeking this type of judgment must prove without a doubt that there are no triable issues in regard to the matter at hand. Once the movant has established this burden moves to the other party who must establish that there are material issues of fact in regard to the case.
In this particular case the defendants have established that they provided the plaintiff with care that was in accordance to the standards of medicine. The defendants conducted the necessary tests before the plaintiff delivered the child and did not see any issues with the results.
The plaintiff has failed to establish any material issues of fact in regard to the case in respect to causation. For this reason, the complaint is to be dismissed in its entirety. As the ruling is in favor of the defendants in the case and the summary judgment is granted there is no need to grant the request of a Frye/Parker hearing for this particular case.