OMW Secures Defense Verdict for OB/GYN Practice in a Medical Malpractice Jury Trial

Mike O’Neill and Michelle Burchett successfully defended an OB/GYN practice in the Hamilton County Superior Court, Noblesville, Indiana in a jury trial where the plaintiff alleged that a Medical Assistant who handles phone triage for obstetrical patients calling the doctors’ office with various concerns, questions and complaints had negligently failed to direct the plaintiff to go to Labor & Delivery with complaints of decreased fetal movement. The defendant denied that the patient made any such complaints until a subsequent phone call was made by the plaintiff the next day. During that later phone call, the patient was directed to go immediately to Labor & Delivery where an emergency C-section was performed and an infant with a hypoxic brain injury was delivered. Later placental and umbilical cord pathology demonstrated the infant had experienced an unpredictable chronic placental insufficiency and that the alleged 24 hour delay in delivery had likely not made any difference in the outcome. The jury heard five days of evidence between July 25 – July 29, 2016 and then returned a verdict in favor of the OB practice. For more information, contact Mr. O’Neill or Ms. Burchett at (219) 322-0450 or by email at moneill@omwlegal.com or mburchett@omwlegal.com.

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