Following a two week trial, Marc J. Falcone was successful in obtaining a directed verdict on behalf of a prominent obstetrician/gynecologist.
The case was venued in Queens County and involved the allegation that the client, along with two other obstetrician/gynecologists who were represented by separate counsel, improperly counseled the patient that she had chorioamnionitis and was experiencing and inevitable abortion at 21 weeks gestational age. It was claimed that this improper information caused the plaintiff to undergo an unnecessary termination of pregnancy, resulting in emotional injuries.
After two weeks of trial, which involved cross-examination of the plaintiff’s liability and damages experts, the Court agreed that the plaintiff failed to establish a prima facie case of medical malpractice and lack of informed consent. The Court granted the defendant’s motions for a directed verdict at the close of plaintiff’s case.