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Rizzo v. Schiller6/10/1994
OPINION BY JUSTICE LEROY R. HASSELL
In this appeal, we consider whether the plaintiffs presented sufficient evidence to establish a prima facie case of medical malpractice against a physician who allegedly failed to obtain the mother's informed consent to use obstetrical forceps to deliver her baby.
Michael Sean Rizzo, Jr., by Pamela Rizzo, his mother and next friend, Pamela Rizzo, individually, and Michael Sean Rizzo, Sr., filed this action against Maurice Schiller, M.D. The plaintiffs alleged that Dr. Schiller, an obstetrician and gynecologist, breached the standard of care owed to them when he assisted Ms. Rizzo with the delivery of Michael. Specifically, the plaintiffs alleged that Dr. Schiller was negligent in the use of obstetrical forceps during the delivery and that he failed to obtain Ms. Rizzo's informed consent to use the forceps.
The case was tried before a jury. The trial court granted Dr. Schiller's motion to strike the plaintiffs' informed consent claim. The case proceeded to the jury on the theory that Dr. Schiller was negligent in the use of the obstetrical forceps. The jury returned a verdict in favor of Dr. Schiller, and we awarded the plaintiffs an appeal on issues related to their informed consent claim.
In reviewing the trial court's decision to strike the plaintiffs' evidence, we must consider the evidence and all reasonable inferences deducible therefrom in the light most favorable to the plaintiffs. Furthermore, any reasonable doubt as to the sufficiency of the evidence must be resolved in favor of the plaintiffs. Waters v. Safeway Stores, Inc., 246 Va. 269, 270, 435 S.E.2d 380, 380 (1993).
Pamela Rizzo was admitted to Fairfax Hospital on November 7, 1989, about 9:00 a.m. She was in active labor, and Dr. Schiller was notified of her admission. Upon admission to the hospital, Ms. Rizzo signed the following form:
Authorization for Medical and Surgical Procedures
Patient History No. /P/9456
I hereby authorize Dr. Schiller , and/or other members of the Medical Staff of The Fairfax Hospital of his choice, to perform diagnostic or therapeutic medical and surgical procedures on and to administer anesthetics to
Pamela Rizzo . I further authorize The Fairfax Hospital to dispose of any removed tissue or amputated parts.
11/07/89 [Signed] Pamela S. Rizzo
(Date) (Signature)
[Signed] Vera Thomas ______________________________
(Witness) (Relationship)
About 12 hours later, Ms. Rizzo's fetal membranes were artificially ruptured at 8:50 p.m., and about 10:00 p.m., she was "pushing with contractions." At 10:15 p.m., Dr. Schiller ordered that Ms. Rizzo be taken to the delivery room. While in the delivery room, Ms. Rizzo made a few, but unsuccessful, attempts to "push" the baby through the birth canal with her abdominal muscles. When Ms. Rizzo's attempts to "push" were unsuccessful, Dr. Schiller told her that he was going to use forceps to deliver the baby. Ms. Rizzo testified that "before I could even get my composure together, ask what they were for, why, [the forceps] were inside me. And my son's head was out, just the head."
Michael was born about 10:30 p.m. About one and one-half hours later, he began to look pale. He was transferred to the intensive care nursery for evaluation. The following morning, Dr. Kathleen B. French, a neurosurgeon, performed a surgical procedure
on Michael, and she determined
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