The lawsuit against Dr. Melissa Drake was a 2022 medical malpractice case filed in Santa Barbara County Superior Court by Katherine and Skylar Hurley, alleging obstetric negligence, failure to obtain informed consent, and loss of consortium. It settled in April 2024 and was dismissed with prejudice the following month on terms that were not made public.1Trellis. Katherine Hurley et al vs Melissa G Drake, MD et al
Who Sued and What They Alleged
Katherine Hurley and Skylar Hurley filed their complaint on July 25, 2022, as case number 22CV02866.2Trellis. Katherine Hurley et al vs Melissa G Drake, MD et al – Complaint Filed The suit named Dr. Melissa G. Drake; Dr. Bonnie J. Dattel, a maternal-fetal medicine specialist; Obstetrix Medical Group of Santa Barbara; Obstetrix Medical Group of the Central Coast; Santa Barbara Clinic; and Does 1 through 25. The Obstetrix entities operate under the Pediatrix Medical Group umbrella at Santa Barbara Cottage Hospital.3Pediatrix. Maternal-Fetal Medicine Specialists of Southern California
The complaint stated three causes of action: medical negligence and failure to inform, both tied to obstetric and gynecological care, and loss of consortium, brought by the couple based on harm to their marital relationship.2Trellis. Katherine Hurley et al vs Melissa G Drake, MD et al – Complaint Filed The complaint did not become public in a form that detailed the specific clinical events, and none of the allegations were tested in court.
How the Case Ended
A jury trial had been set for June 21 through July 12, 2024, in front of Judge Thomas P. Anderle in the Anacapa Division. The case never reached trial. The parties filed a notice of settlement of the entire case on April 2, 2024. The Hurleys then filed a request for dismissal with prejudice on April 29, 2024, and notice of entry of dismissal followed on May 6, 2024.1Trellis. Katherine Hurley et al vs Melissa G Drake, MD et al
Dismissal with prejudice means the Hurleys cannot refile the same claims against the same defendants. The dollar figure, any admissions, and any other terms of the settlement are not part of the public record.
What the Informed Consent Claim Required
Because the case settled, the legal claims were never adjudicated, but the standard the Hurleys would have had to meet on the failure-to-inform count is set by California law. A physician must explain the likelihood of success and the risks of a proposed treatment in terms the patient can understand, including risks of death, serious harm, and significant potential complications; minor risks unlikely to occur do not have to be disclosed.4Justia. CACI No. 532 – Informed Consent – Definition The test for liability is objective: whether a reasonable person in the patient’s position would have declined the procedure had they been adequately informed.5Justia. CACI No. 533 – Failure to Obtain Informed Consent – Essential Factual Elements Under Cobbs v. Grant (1972), a plaintiff must also prove causation, meaning that with proper disclosure the patient would not have consented.
The medical negligence claim asked a related but separate question: whether the care fell below the accepted professional standard. The loss of consortium count was derivative of both, tied to whatever harm the underlying claims established.
Dr. Drake’s Practice Today
Dr. Drake closed her Santa Barbara practice on June 30, 2022, weeks before the Hurleys’ complaint was filed, citing personal medical issues and time with family in a public announcement.6Santa Barbara Independent. Santa Barbaras Unicorn OB Calls It Quits She had drawn national attention a year earlier for overseeing the June 4, 2021 birth of Prince Harry and Meghan Markle’s daughter Lilibet at Santa Barbara Cottage Hospital.7People. Inside Meghan Markles Ultra Private Birth Plan
She has since resumed practicing. Her current concierge OB-GYN practice serves Santa Barbara, Montecito, Hope Ranch, and Summerland, with both in-home and office visits, and is accepting new patients.8Melissa Drake OBGYN. Dr. Melissa Drake – Concierge OB-GYN Her California medical license is active.9U.S. News Health. Dr. Melissa Drake