Attorneys Present Closing Arguments in Medical Malpractice Case

By Daniel Hawn

Published on August 09, 2005

The defendant, Dr. George R. Cole is accused of prematurely delivering Melissa Hutchinson's baby boy, Malik Brooks Jr. According to the lawsuit, Cole's actions detrimentally affected Brooks' health.

The baby's legal guardian, April Rye Shy, brought the malpractice suit against Cole and Parkhill Women's Clinic, the facility with which Cole was associated at the time.

Attorneys for both sides argued whether Cole's decision to deliver Hutchinson's baby via caesarian section constituted malpractice. When Hutchinson arrived at the hospital on January 2, 2002, she informed Cole that she was 34 weeks pregnant. Later, when Cole learned that Hutchinson's water had broke, he decided to deliver the baby immediately to avoid the possibility of an infection caused by vaginal fluids entering the uterus through the ruptured membrane.

It was later determined that Hutchinson was only 30 weeks pregnant. Attorneys for the plaintiff argued that if Cole had performed an ultrasound, he would have determined that it was not safe to carry out a C-section due to the limited period of gestation.

Dr. Joseph Bruner, an expert witness for the defense, testified that even at a gestation period of 30 weeks, the decision to perform a C-section was appropriate provided the circumstances.

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