Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this birth injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
THE CARE AND TREATMENT RENDERED BY DAVID LEE, MD, WAS WITHIN THE APPLICABLE STANDARD OF PRACTICE
Plaintiff essentially contends that Dr. Lee failed to properly deliver Sean Brown, resulting in an Erb’s palsy. In order for plaintiff to hold Dr. Lee liable for medical malpractice, plaintiffs must establish the applicable standard of care and the defendant’s breach of that standard.
The declaration of board-certified OB/GYN, Hank Black, M.D., and supporting evidence filed herewith, establish that Dr. Lee complied with the requisite standard of care. Because plaintiff’s contentions against Dr. Lee clearly involve actions not within the common knowledge of laymen, the standard of care must be decided on the basis of expert testimony. Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1001.
Based on the medical evidence, Dr. Black’s opinion is that David Lee, M.D., complied with the standard of care regarding the care and treatment she rendered to Sean Brown.
Dr. Black’s opinions are supported by the medical evidence. The evidence reflects that Ms. Brown came into the hospital in active labor. Dr. Lee was contacted at 1:00 a.m. and arrived by 1:30 a.m. Shoulder dystocia was encountered and properly handled by Dr. Lee resulting in the delivery of a live baby boy, Sean Brown.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Dr. Black sets forth the reasons why Dr. Lee’s care was proper: The appropriate measures were used by Dr. Lee once the shoulder dystocia was encountered. The McRoberts maneuver was performed followed by suprapubic pressure, and the Woods maneuver after which he delivered the posterior arm.
Because Dr. Lee complied with the applicable standard of care, negligence cannot be proven. Summary judgment is mandated on this ground alone. (See Part 4 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.