United States First Circuit

In plaintiffs' medical malpractice suit against a doctor and a hospital, claiming that the doctor's negligence in his delay in calling for and performing the C-section resulted in numerous physical and neurological injuries to their daughter, district court's grant of summary judgment in favor of defendants is affirmed where: 1) plaintiffs have waived their claim that the district court erred in granting the Hospital's motion for summary judgment by their failure to present any developed argumentation with respect to the Hospital's liability; and 2) plaintiffs' argument that the doctor breached his duty of care through delay in calling for and performing the C-section fails because the plaintiff offered no evidence that the doctor could or should have known, at the relevant time, that the daughter suffered from either Bradycardia or a cord prolapse.

Appellate Information

• Decided 05/03/2010
• Published 05/03/2010

Judges

• SELYA, Circuit Judge., Before TORRUELLA, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David Efron, with whom Law Offices David Efron, P.C. was on brief, for appellants.


• For Appellees:
  
• Benjamin Morales Del Valle, with whom Morales-Morales Law Offices was on brief, for Serrano-Isern and related appellees., Roberto Ruiz Comas, with whom Bufete González Villamil was on brief, for Hospital Interamericano de Medicina Avanzada and related appellees.