Tara R. Di Luca, Partner, obtains summary judgment and dismissal of the case in Supreme Court, Nassau County, on behalf of our Westchester based OB/GYN client. Plaintiff alleged, in essence, that our client departed from the applicable standard of care by failing to properly document, communicate and enter orders for serial glucose monitoring for the infant plaintiff she delivered, based on the mother’s history of gestational diabetes. Plaintiff claimed that as a result of these alleged departures, the infant plaintiff was caused to suffer a litany of damages including hypoglycemia, hyperbilirubinemia, seizures, epilepsy, anoxia, stroke, hypotonia, severe cerebral infarction, and permanent brain damage. The Defense argued and provided a multitude of evidence and proof of proper care and treatment by our client, including sworn deposition testimony, medical records and documentation clearly absolving our client of liability. The Defense argued that the medical records and sworn deposition testimony did not support the plaintiff’s allegations or claimed injuries. The Defense discredited all the allegations set forth by the Plaintiff against our client. The court found that Plaintiff failed to meet their burden of proof, and the case was dismissed against our client saving our client thousands of dollars in trial costs and allowing our client to continue serving the Westchester County community by providing critical and necessary prenatal care and performing deliveries.
Another Win for the SCDW&N Team!