Associate, Kayla Schmidt, successfully obtained summary judgment in a medical malpractice action on behalf of our client, an OBGYN. The allegations stemmed from our client’s prenatal care of a high-risk patient with chronic hypertension, in addition co-defendants’ prenatal care of the patient, as well as labor and delivery that ultimately led to the patient’s cardiac arrest, hypoxic brain injury and death. The Court found that the defendants met their prima facie burden establishing that our client appropriately treated the patient during her pregnancy, and did not cause the patient’s subsequent injuries and death. The Court further held that the plaintiff failed to rebut defendant’s case as they improperly attempted to raise a new theory of liability, which was speculative in nature, and that plaintiff completely ignored the patient’s own departures.
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