Rosa-Rivera v. Dorado Health, Inc.

The parents of a minor son filed a medical malpractice suit on their own behalf and on behalf of their son (Plaintiffs) against the Physician who delivered their son and the Hospital where the delivery took place. Plaintiffs alleged that Defendants acted negligently in connection with their son’s birth, resulting in their son suffering from trauma, shoulder dystocia, and Erb’s Palsy. The jury concluded that both the Hospital and Physician were negligent but that only the Physician’s negligence proximately caused the child’s impairments. The First Circuit affirmed, holding (1) the trial judge did not err by not allowing Plaintiffs’ attorney to ask a Hospital nurse leading questions; (2) the judge did not commit plain error by not including one of Plaintiffs’ proposed jury instructions; and (3) the jury did not render an inconsistent verdict. View "Rosa-Rivera v. Dorado Health, Inc." on Justia Law