Malpractice Claim Tossed

     NEW YORK CITY (CN) – A trial court ruled correctly in a medical malpractice case without submitting the matter to a jury, the New York Appellate Division ruled.




     The trial centered on the delivery of a baby who suffered a shoulder injury, which led to Erb’s palsy and loss of motor function in the arm.
     The appellate division ruled the lower courts correctly disagreed with the plaintiffs’ expert witness, who stated that the midwife caused the baby’s spinal injury through “excessive downward lateral traction to the baby’s spine.”
     At trial, the doctor admitted that such an injury could occur even when appropriate maneuvers are used during delivery.
     Therefore, the appellate division ruled that the judge properly directed a verdict in favor of the hospital after the plaintiffs rested their case.

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