The plaintiffs brought a medical malpractice action against three obstetricians and a hospital regarding the birth of the infant plaintiff.
The mother alleged that she did not consent to the use of a vacuum or forceps during delivery, claiming medical battery and lack of informed consent.
She also alleged that the doctors breached the standard of care in their antenatal record keeping, failure to recommend a Caesarean section earlier, and the decision to attempt a vacuum and forceps-assisted delivery.
The court dismissed the action, finding that the mother had provided informed consent to the use of the instruments in the face of an urgent obstetrical situation involving fetal distress.
The court also found that the doctors met the standard of care in all respects and that the plaintiffs failed to prove that the neonatal injuries caused the infant plaintiff's subsequent neurodevelopmental limitations.
