Professional Negligence Law Reporter

A New York appellate court held there were triable issues of fact regarding whether a mother suffered preterm labor, precluding dismissal of a subsequent medical negligence action.

Rebecca Neumann delivered her eighth child by cesarean section at 28 weeks gestation. She later sued multiple providers for medical negligence, arguing that the defendants failed to timely diagnose and treat preterm labor and that this resulted in a premature birth and injuries to her child, including cerebral palsy. The trial court granted summary judgment for the defense.

Reversing in part, the appellate court found that the affirmation of the defendants’ fetal medicine expert was insufficient to establish the absence of any departure from good and accepted medical practice by one of the physicians and a medical group. Citing case law, the court added that the affirmation failed to eliminate triable issues of fact as to whether the plaintiff was in preterm labor approximately one week before the delivery and whether a preterm delivery could have been prevented.

Consequently, the court determined that summary judgment for the defendant physician and practice should have been denied.

Citation: Neumann v. Silverstein, 227 A.D.3d 914 (N.Y. App. Div. 2024).

Plaintiff counsel: Joshua Annenberg, New York City.