The “maternal forces of labor” theory used to explain a newborn child’s injuries and defend doctors against malpractice claims has been rejected by a trial judge nearly two years after an upstate appellate panel discarded the premise on different grounds.
Together, the decisions seemingly signal that the defense cited almost routinely in certain obstetrical cases, especially those involving a brachial plexus injury or Erb’s Palsy, is vulnerable in New York state, despite the fact that it has been successfully utilized for two decades.
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