THE Commonwealth Healthcare Corporation has requested the Superior Court to dismiss with prejudice a medical malpractice lawsuit that alleged, among other things, CHCC’s failure to prevent lifelong injury to a newborn child.
CHCC, through Assistant Attorney General Stephen Anson, said the plaintiffs’ first cause of action for medical malpractice against CHCC should be dismissed because, as a matter of law, CHCC cannot be held vicariously liable for the actions of a private physician, Dr. Helen Taro-Atalig.
“Plaintiffs further fail to state a direct medical malpractice claim against CHCC because Taro-Atalig was the primary care provider responsible for the medical decisions concerning plaintiffs’ delivery of their child, and all of the specific factual allegations wherein the standard of care was allegedly [breached] were medical decisions controlled by Taro-Atalig,” Anson said.
“Plaintiffs’ second cause of action for declaratory judgment should be dismissed because the Government Liability Act does not impact a suspect class nor infringe on a fundamental right, and the GLA’s damages cap is rationally related to the legitimate legislative purposes of conserving government resources,” Anson added.
“Plaintiffs’ third cause of action against CHCC should be dismissed because CHCC is exclusively subject to the liability limits in the GLA,” Anson said.
Dr. Helen Taro-Atalig is not an employee of CHCC, and instead is an employee of the Health Professional Corporation doing business as Saipan Health Clinic, a private medical clinic, Anson said in his 17-page motion to dismiss.
At all material times, Dr. Taro-Atalig was performing and providing medical care to plaintiffs under SHC, Anton added.
“Plaintiffs retained Taro-Atalig from SHC for medical services concerning the birth of their first child. Plaintiffs were informed and understood that Taro-Atalig was the agent and/or employee of SHC when they retained her services for the birth of their child. Even though Taro-Atalig is not an employee of CHCC, she has physician privileges at CHCC which allow her to see patients and perform procedures at CHCC, such as delivering babies,” Anson said.
“On May 7, 2020 plaintiffs gave birth to their first child at CHCC. Taro-Atalig was the primary care provider of obstetrical care for the pregnancy and delivery of plaintiffs’ child. CHCC employees assisted Taro-Atalig in the delivery of the child, but Taro-Atalig, being the primary care provider, controlled all material aspects of the delivery of medical services. CHCC did not exercise control over Taro-Atalig’s delivery of medical services,” Anson added.
Represented by attorney Matthew Holley, the plaintiffs are the baby’s grandmother, biological mother and biological father.
They sued Taro-Atalig, Saipan Health Clinic, and CHCC for failing to provide the necessary care and treatment to prevent the child’s Hypoxic Ischemic Encephalopathy or HIE, birth trauma and other injuries.
HIE is a type of brain dysfunction that occurs when the brain doesn’t receive enough oxygen or blood flow for a period of time.
The plaintiffs, who are demanding a jury trial, are alleging medical malpractice and violations of equal protection.
The plaintiffs are asking for an award of damages, and future damages, for pain and suffering, emotional distress, mental anguish and diminished quality of life.
