Molly Craig Obtained a Defense Verdict in Medical Malpractice Case

IADC member Molly Craig and Chilton Simmons, along with associate Elizabeth Ballentine, obtained a defense verdict on November 15, 2011 in Charleston County, South Carolina before The Honorable Roger M. Young. The Plaintiff filed a medical malpractice action against an obstetrician and her practice in connection with the delivery of a baby who suffered from severe brain damage in 2004. The Plaintiff alleged the doctor was negligent by not expediting delivery of the baby by a caesarian section, thereby causing severe injury to the minor child’s brain, resulting in hypoxic ischemic encephalopathy and severe permanent harm. The defense presented testimony that the baby was tolerating labor in utero as evidenced by the fetal monitor strip which was reassuring until just prior to delivery. Once the fetal monitor became non-reassuring, the baby was delivered within minutes. The Plaintiff alleged there were multiple signs of fetal distress throughout labor and the failure to intervene with a timely caesarean section resulted in a hypoxic injury to the baby’s brain. Further, the defense presented expert testimony that the cause of the child’s brain damage was caused by an infection in the placenta known as chorioamnionitis at least five days before labor and delivery. Prior to trial, the hospital settled the case. The case was tried for seven days and the jury returned a defense verdict in favor of the obstetrician and her practice.