VBAC Home Delivery: MFM Physician Should Have Warned Now-Deceased Woman of Risks, Court Rules

July 22, 2020 | Strategic Insights for Health System


In a case centering on whether a maternal-fetal medicine physician should have warned a now-deceased woman with several risk factors of the elevated risks involved with a vaginal birth after cesarean (VBAC) at home, the Supreme Court of New York, Appellate Division, Second Department has reversed the trial court's grant of summary judgment to the physician and his practice, reinstating the medical malpractice complaint against them.

According to the physician, a board-certified obstetrician and gynecologist specializing in maternal-fetal medicine, he practices only MFM, and his practice is based entirely on giving consultations and performing and interpreting ultrasounds. He has only limited involvement with issues related to delivery, and he does not make recommendations regarding methods of delivery. He generally sees a pregnant patient for three ultrasound scans, usually...

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