News

Scott Salter and Billy Bates recently obtained a judgment from the Supreme Court of Alabama affirming a summary judgment from the Circuit Court of Dekalb County. The action involved claims of negligence against an obstetrician based on a shoulder dystocia that occurred at birth resulting in a permanent brachial plexus injury. The action alleged the obstetrician failed to properly take into account that the mother had encountered a shoulder dystocia with a previous birth. The action claimed that because of the prior shoulder dystocia the obstetrician should have performed a cesarean section and not proceeded with a vaginal delivery. On motion for summary judgment, Salter and Bates argued that the plaintiff’s expert failed to establish a breach of the standard of care against the defendant obstetrician and that alternative claims against the defendant physician’s partner, who was not originally named in the action, were barred by the statute of limitations. The trial court granted summary judgment which was affirmed by the Supreme Court.