Draper v. Jasionowski

Dr. Edward Jasionowski (defendant) was the delivering physician for Valerie Cissou. Cissou had signed consent forms for both vaginal and cesarean deliveries. Prior to the delivery, Jasionowski noticed that the baby was in frank-breech position while in the womb. Jasionowski did not inform Cissou of the option of delivering via cesarean section rather than a vaginal delivery and did not leave the decision about the mode of delivery to Cissou. Cissou gave birth to Patrick Draper (plaintiff) by vaginal delivery. According to a medical expert, Draper suffered from anemia, hypoxia, and neurological damage stemming from a loss of blood caused by a torn umbilical cord during delivery. As a result of the delivery, Draper was born with Erb’s palsy, a shoulder injury. When Draper was 20, he sued Jasionowski, arguing that Jasionowski’s failure to inform his mother of the option for a cesarean delivery under the circumstances had rendered Cissou’s consent void. Draper further alleged that had his mother been fully informed, she would have chosen to deliver by cesarean section, and he would have been born without injury. The court granted Jasionowski’s motion for summary judgment, holding that because a fetus could not consent to a medical procedure, Draper could not maintain a cause of action on his own behalf arising from Jasionowski’s failure to obtain consent from Draper’s mother. Draper appealed. Jasionowski contended that his obligation to disclose risks and alternatives regarding childbirth to obtain informed consent was an obligation to Cissou as the mother giving birth and not to Draper as the infant.