(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/birth injury case and its proceedings.)
UNIVERSAL HOSPITAL’S TRIAL BRIEF REGARDING PRINCIPLES OF WRONGFUL BIRTH, OSTENSIBLE AGENCY, AND APPORTIONMENT OF FAULT
MEMORANDUM OF POINTS AND AUTHORITIES
SUMMARY OF ALLEGATIONS
Plaintiff Oliver Smith, a minor, by and through his guardian ad litem, Mike Smith, (“plaintiff Oliver”) and plaintiff Patty Smith (“Mrs. Smith”) seek damages for injuries allegedly resulting from the provision of medical care and treatment to Mrs. Smith during her pregnancy with her son. Specifically, plaintiff’s allege the defendants were negligent in the pre-natal care of Mrs. Smith and, as a consequence, the baby was born with Down Syndrome.
The operative complaint states two causes of action by plaintiff Oliver and against Universal Hospital: (1) Professional negligence; and (2) Wrongful birth. Plaintiff Oliver alleges that Mrs. Smith hired the defendants to diagnose and treat her pregnancy and to provide pre-natal care, testing and advice. According to the allegations, the defendants were so negligent in the provision of care to Mrs. Smith that: (1) Mrs. Smith was not given the opportunity for MS-AFP testing; (2) Mrs. Smith was not offered the option of terminating the pregnancy; and (3) Plaintiff Oliver was born a Down Syndrome baby. According to the allegations of the complaint, but for the negligence of defendants, plaintiff Oliver would not have been born at all.
The operative complaint also states one cause of action for professional negligence by plaintiff Mrs. Smith and the allegations are virtually identical to those asserted by plaintiff Oliver. In that regard, Mrs. Smith alleges the defendants were so negligent in the provision of care to her that: (1) She was injured in her health (i.e., pain and suffering); (2) She incurred medical expenses for plaintiff Oliver; and (3) She will incur future expenses for plaintiff Oliver. (See Part 2 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.