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Clayton State Court hears argument on whether nursing actions in c-section suit are professional or ordinary negligence
Summary
Attorneys debated whether two claims in a wrongful-death suit—alleged failure to notify the NICU and failure to ensure two working infant warmers—are ordinary negligence or require expert proof of medical judgment. Judge Tammy Long Hayward took the motion under advisement and said an order will be issued.
Judge Tammy Long Hayward heard competing arguments Oct. 1 in Shamburger v. Harrington, a medical-malpractice suit over the death of an infant after an emergency C-section, about whether two of the plaintiff’s claims sound in ordinary negligence or require expert proof as professional negligence.
The dispute centers on two discrete allegations: that labor-and-delivery staff did not promptly notify the neonatal intensive-care unit (NICU) when the emergency C‑section was ordered, and that the operating room lacked two working infant warmers for a twin delivery. Defense counsel argued those issues require medical judgment and thus professional‑negligence treatment; plaintiff’s counsel said they are administrative tasks and therefore…
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