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Jackson v. Montefiore Med. Center/The Jack D. Weiler Hosp. of the Albert Einstein Coll. of Medicine
Citations: 2017 NY Slip Op 274; 146 A.D.3d 572; 45 N.Y.S.3d 422Docket: 2772 308957/09
Court: Appellate Division of the Supreme Court of the State of New York; January 16, 2017; New York; State Appellate Court
Original Court Document: View Document
Candis Jackson, the plaintiff-appellant, initiated a lawsuit against Montefiore Medical Center/The Jack D. Weiler Hospital of the Albert Einstein College of Medicine, the defendant-respondent, following a stillbirth incident. The Appellate Division, First Department, upheld a judgment from the Supreme Court, Bronx County, which dismissed Jackson's complaint on summary judgment. The court found that the defendant had established a prima facie case demonstrating that it adhered to the standard of care by placing Jackson on bedrest in the Trendelenburg position, rather than performing a cerclage procedure. In opposition, Jackson's evidence was deemed speculative and insufficient to establish a genuine issue of material fact regarding any deviation from the standard of care or whether such a deviation caused the stillbirth. Although Jackson's expert suggested that emergency cerclage could have been a viable alternative to the Trendelenburg position, he acknowledged that this option carried significant risks for both the mother and fetus. Furthermore, the expert referenced medical literature indicating that while emergency cerclage might be a potential treatment, additional studies were necessary to assess its risks and effectiveness. The decision was finalized on January 17, 2017, affirming the lower court's ruling without costs.