February 24, 2017 – Shareholder Elizabeth A. Leedom and associate Erin C. Seeberger obtained summary judgment dismissal on behalf of an OB/GYN and her clinic in a case alleging significant birth injury to an infant child during labor and delivery. Plaintiff claimed that she requested a C-section delivery of her child and did not consent to ongoing labor.
Plaintiff did not have an expert to testify that any neurologic issues developed by the infant were caused during labor and delivery, or to testify at what point a C-section delivery may have changed the infant’s outcome. Plaintiff raised claims of negligence, medical battery, and lack of informed consent. Liz and Erin successfully argued that C-section delivery was not medically necessary at the time the plaintiff allegedly requested it, and therefore the doctor had no obligation to provide the plaintiff with that treatment option. They also successfully argued that medical battery did not apply because the allegations involved the failure to perform the allegedly desired procedure rather than a harmful or offensive touching. The court denied plaintiff’s motion for reconsideration on March 27, 2017. (King County Sup. Ct. No. 16-2-04120-5)