Dray v. Staten Island University Hospital

Rinat Dray (plaintiff) had previously given birth to two children via cesarean section (C-section) and decided to attempt a vaginal birth for her third child. Dray was admitted to Staten Island University Hospital (defendant). Dr. Leonid Gorelik (defendant), an obstetrician/gynecologist, informed Dray that a C-section was necessary. Dray refused to consent to one. Dr. Gorelik consulted with the hospital’s director of obstetrics, Dr. James Ducey (defendant), and the hospital’s general counsel, Arthur Fried. Dr. Ducey, with the concurrence of Dr. Gorelik and Fried, decided to override Dray’s refusal and directed the C-section to occur. The doctors’ assessments were based on Dray’s length of time in labor, the fetal-heart-rate pattern, and the increasing potential for uterine rupture. Gorelik and Ducey performed the surgery, encountered complications, and lacerated Dray’s bladder, which had to be repaired. The baby was born in a healthy condition. Dray sued the doctors and hospital for medical malpractice, among other claims, based on their performance of an unnecessary C-section without her consent and the laceration of her bladder. On motions for summary judgment, Dray submitted medical testimony that the doctors and hospital deviated from the standard of care in determining that she needed a C-section. The doctors and hospital submitted affidavits supporting that the C-section was medically indicated for Dray and the unborn fetus. The trial court denied summary judgment on the medical-malpractice claim, and the parties appealed.