In Elias v. Bash , John Elias filed a medical malpractice and wrongful death case on behalf of Sabine Elias.
An hour after giving birth by way of a cesarean section, Sabine fainted and suffered a drop in blood pressure. Her attending physician called in Dr. Ganguly, a cardiologist, who advised to "watch for possible bleeding."
The following evening, Ganguly saw Sabine and thought she was suffering from "intra-abdominal bleeding." The next night, while Ganguly's partner, Dr. Geller, was inserting a catheter to measure arterial pressure, Sabine went into cardiac arrest and died.
A Suffolk County Supreme Court found the attending physician 50% at fault for Sabine's death, Ganguly 2.5% at fault, and Geller 10% at fault, with the remaining balance apportioned among other doctors.
On appeal, Drs. Ganguly and Geller argued that, as far as they were concerned, there was "no rational process by which the jury could find in [Elias's] favor," and the Appellate Division, Second Department, agreed.
It found Dr. Ganguly wasn't liable for medical malpractice since he "fulfilled his duty as a consulting cardiologist by reporting his findings to the attending physician, and making appropriate suggestions for follow-up treatment." Ganguly didn't depart "from good and accepted practice ... beyond the normal scope of his role as a consulting cardiologist," particularly since obstetrics was outside of his specialty. And because the catheter's insertion didn't cause Sabine's death, Dr. Geller also couldn't "in any way have changed the course of events."
Since no reasonable jury could have found Geller or Ganguly liable for medical malpractice or wrongful death, the claims against them were dismissed.
Who says the AD2 doesn't have a heart?
To download a copy of the Appellate Division's decision, please use this link: Elias v. Bash