Senior Trial Partner Rosaleen T. McCrory, Partner Elizabeth J. Sandonato and Partner Kerona K. Samuels obtained summary judgment in a case involving a then 32-year-old plaintiff who presented in labor to the defendant hospital. A trial of vaginal delivery was attempted, but an emergent cesarean was called due to a failure of descent of labor and fetal bradycardia. The cesarean section was performed by the co-defendant obstetrician, with the assistance of OB/GYN residents who were named as defendants in the action. During the surgery, the plaintiff experienced an extension of the uterine incision and hemorrhage. The resident-physicians and the hospital's OB/GYN safety officer were called into the operating room to provide assistance. Following her discharge, the plaintiff was diagnosed with an obstructed left distal ureter and underwent a re-implantation of the ureter.
MCB successfully moved for summary judgment for the hospital, the OB/GYN residents and the safety officer. In the Decision and Order, the Court found the defendants established a prima facie entitlement to summary judgment as it was demonstrated by the deposition testimony, expert affirmation and affidavit that the defendants did not depart from good and accepted standards of care and did not proximately cause or contribute to plaintiff’s injuries. Specifically, the Court found the resident physicians were acting under the supervision, control and direction of codefendant OB/GYN attending, and they did not exercise independent judgment so they were not liable for plaintiff’s injuries. Further, the Court determined the safety officer did not perform any portion of the surgery so she could not be liable for plaintiff’s injuries. Lastly, the Court found the institutions were not vicariously liable for codefendant OB/GYN attending's actions or inactions because he was a private attending responsible for rendering treatment to the plaintiff and he was not employed by the defendants. Since plaintiffs and codefendant obstetrician failed to oppose the motion and failed to raise triable issues of material facts, the Court granted summary judgment.