Nelson v. Upadhyaya

PRESIDING JUSTICE McNULTY

delivered the opinion of the court:

Anthony Nelson suffered brain damage due to meningitis shortly after his birth in 1990. He and his mother sued his mother’s obstetrician and his pediatrician for medical malpractice, alleging that the obstetrician should have treated his mother with prophylactic antibiotics and the pediatrician should have started treating him with antibiotics much earlier. The defendants contended that they fully complied with the 1990 standard of care. They used postoccurrence literature to support their theory that the standard of care later…