Partner Evan R. Schnittman, and Associates Simone A. Grey and Richard M. Ceglio successfully obtained summary judgment in case involving a then 27-year old plaintiff who claimed that the defendants, including MCB’s client first-year Ob/Gyn resident, negligently performed a right mediolateral episiotomy during her labor and delivery on May 3, 2019 resulting in a grade IV laceration, buttonhole defect in the perineal area, rectovaginal fistula, fecal incontinence, and pelvic pain.
MCB moved for summary judgment on behalf of our resident physician. We argued that the medical records and deposition testimony established that our client properly, thoroughly, and accurately examined the patient when she presented to OB Triage, and timely, properly, and thoroughly communicated her findings to the co-defendant attending Ob/Gyn. We further argued that the evidence demonstrated that the attending Ob/Gyn approved the plan for a natural delivery instead of a C - section. We argued that the co-defendant Ob/Gyn attending's deposition testimony proved that the co-defendant decided to perform the right mediolateral episiotomy, the co-defendant made the incision, and the co-defendant performed the post-operative perineal inspection that plaintiff claims was inadequate. We also moved for summary judgment on the lack of informed consent. Plaintiff failed to rebut our arguments, and the Court dismissed our client resident and the lack of informed consent claims.