Summary Judgment Dismissal Obtained in Medical Malpractice Case Alleging Wrongful Death of a Mother after Childbirth

Summary Judgment Dismissal Obtained in Medical Malpractice Case Alleging Wrongful Death of a Mother after Childbirth

Senior Trial Partner Jacqueline D. Berger and Associate Brandon J. Fernandes were successful on a motion for summary judgment in dismissing MCB’s client hospital from the case. The case involved a pregnant mother who presented to our client’s emergency room with elevated blood pressure, but she refused treatment and signed out against medical advice (AMA). Plaintiff alleged that our client failed to timely diagnose and properly treat preeclampsia, and failed to timely perform a C-section. Plaintiff claimed that as a result of the alleged malpractice, she suffered a cardiac arrest and ultimately died. We moved for summary judgment with the support of an emergency medicine expert who opined that all care, treatment, and warnings by our client were appropriate and within the standard of care. Rather than  putting in any opposition to our motion, plaintiff’s counsel filed an Affirmation of No Opposition. As plaintiff failed to oppose the motion and failed to raise any triable issues of fact, the Court granted summary judgment, and our client-hospital was dismissed from the case with prejudice.