After he died the Esquivels sued however the court granted summary judgment in

After he died the esquivels sued however the court

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After he died, the Esquivels sued; however, the court granted summary judgment in favor of Dr. Watters stating the Esquivel's failed to present sufficient evidence of a causal link between the doctors' breach of duty and the injuries of the fetus. During the appeal proceedings, the court found that Dr. Watters deviated from the usual and customary standards of obstetrical practice in this case as he failed to make any written notation of the sonogram findings in Mrs. Esquivel’s medical chart (1) and further failed to mention it during her other visits (2). Per expert witnesses, if the diagnosis had been addressed, a referral to a medicine specialist would have been provided. A scheduled cesarean delivery team would be prepared to deal with the gastroschisis and the baby may not have died (3). Per the Esquivel’s expert witness, “Had it not been for Dr. Watters’ negligence the baby would not have died. Had these steps been carried out, Jadon Esquivel would have survived intact.” Conclusion: The Supreme Court of Kansas reversed the district court’s summary judgment as they agreed that negligence on the part of Dr. Watters was the cause of baby Jadon’s death per the expert witness testimony. The case was also remanded for further proceedings. However, two of the judges who heard the case held dissenting opinions from the majority as they believed the plaintiffs and their expert witness did not support their theory with facts. Their opinions on the case was also part of the record.
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  • Spring '19
  • Mark Peterson
  • Obstetrics, Medical malpractice, Caesarean section, Aaron T. Watters, Jadon Esquivel

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