Lowis & Gellen, LLP Successfully Defends A Troublesome Stillbirth Case

Lowis & Gellen, LLP partners Pamela L. Gellen and Scott R. Wolfe recently represented a Chicago area community hospital whose staff was accused of the mismanagement of a labor, which resulted in a stillbirth of a full-term baby girl. The hospital was not only accused of the direct negligence of its employed nurses but also that the physician who managed the labor and delivery was an apparent agent of the hospital. Pam and Scott chose to first address the allegations against the nursing staff. After completing sufficient discovery, Pam and Scott moved to dismiss the nursing allegations on the merits arguing the plaintiff did not obtain credible testimony that the nurses mismanaged the labor. The Court agreed and dismissed the nurses and nursing allegations. Then, by thorough preparation and aggressive depositions of the plaintiffs and the physician, Pam and Scott established that no reasonable juror could rule in favor of the plaintiff on the apparent agency allegations. The Court found the hospital could not have been the apparent principal of the physician and dismissed the entire case against the hospital. The case recently went to trial against the physician who managed the labor and was settled during trial for $2,000,000. The hospital represented by Lowis & Gellen contributed nothing to the settlement. For further information on the case or for general information regarding Lowis & Gellen’s professional malpractice group please contact Scott R. Wolfe at (312) 456-2709 or swolfe@lowis-gellen.com.