Das v. Thani

The opinion of the Court was delivered by

COLEMAN, J.

This is an obstetrical medical malpractice case in which the defendant treating physician relies on the medical judgment rule.. Defendant Dr. Suresh R. Thani chose to assess fetal movement by asking the mother-to-be to count the number of times she felt the fetus kick, a technique referred to as maternal fetal monitoring, rather than by using modem ultrasound, electronic fetal monitoring and biophysical profile methods that were available in his office. Based on expert testimony for the defense that it was a question of medical judgment…