Medical professionals from Women’s Health Group on Tuesday requested a dismissal of a federal lawsuit that accuses them of failing to diagnose or treat a Maryland woman’s birth-related issue.
In an answer filed with U.S. District Court, Drs. Steven Priddle and Rebeka Weber and nurse practitioner Diane Wendelken, employees of the Manhattan-based obstetrics and gynecology practice, said they met their standard of duty when they saw Dorcas Afful.
Afful said in a complaint that she sustained a tear and experienced bowel issues after giving birth in Manhattan in 2017. Afful said her condition worsened over time, and when she met with staff from Women’s Health Group following the birth, they did not recognize the severity of the injury nor recommend surgical correction until about a year later.
She is seeking damages of more than $75,000.
She filed the lawsuit in September.
The Women’s Health Group requests the court grant a dismissal of the case or a jury trial if the case continues.
The response said the staff does not have enough information to admit or deny the allegations.
The response said the defendants do not have enough knowledge to confirm whether the case should be tried in federal court on the basis of diversity jurisdiction, as the plaintiff says she lives in another state but the events occurred in Kansas.
However, they said if the court does have jurisdiction, a trial should take place in Topeka and not Kansas City.