Venue: Supreme Court, Nassau County

Facts: It was claimed that malpractice on the part of five physicians and two major New York area hospitals, committed during the mother’s labor and delivery, resulted in the birth of severely brain damaged triplets. In this potentially high value matter, the plaintiff mother, represented by one of the most well-regarded medical malpractice plaintiff’s firms, argued that the cervical cerclage placed by the physicians was not indicated. According to them, the cerclage should have been removed when the plaintiff mother was admitted to our client, a major New York area hospital, for prolonged monitoring and management. During the course of the three week admission there were several episodes of bleeding that plaintiff attributed to the cerclage. Specific to our client, it was claimed by plaintiff that the resident staff should have intervened in the care being rendered by the private attending physicians because maintaining the cerclage was so far outside of the standard of care it required intervention and escalation to the Department Chiefs.

Motion: Despite the fact that plaintiff offered expert evidence by a well-regarded physician, the Court agreed that the care rendered to the plaintiff mother during her admission was dictated and controlled by her private attending physicians. The court found that the care given to the mother was not so contraindicated and outside the standard of care that the hospital staff should have disallowed it. Accordingly, the claims against the hospital defendants were dismissed.

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