Lewis v. Capalbo

Lewis v. Capalbo,

No. 2103 (N.Y. App. Div. Feb. 1, 2001)

After performing an initial examination of an expectant mother immediately prior to
delivery, the obstetrician on call allegedly left the hospital and had no further
contact with the patient. The mother testified that, although she was placed
on a fetal monitor, she began substantial labor before an unidentified doctor
arrived to oversee the delivery. Complications during the delivery allegedly
resulted in the baby?s development of seizure disorders and long-term cognitive
and development problems. The New York Supreme Court, Appellate Division, held
that the woman?s claim raised triable issues of material facts regarding the
on-call physician?s negligence. Concluding that the obstetrician owed the woman
a duty to personally monitor her during the delivery process, the Court recognized
that a doctor who undertakes to examine and treat a patient creates a doctor-patient
relationship.