New York Medical Malpractice Lawyer Blog

In this case, the father of a brain damaged baby filed a medical malpractice lawsuit against the attending doctor. In the original trial, the court found the doctor guilty of malpractice and granted a motion to set aside the damage award of $1,500,000, because it was not enough. A new trial was ordered to set damages.

On appeal, the court held there was plenty of evidence to show that the on call attending doctor didn’t properly supervise the treatment offered by his residents during the birth of the baby in this case. They further held his malpractice was substantial and the proximate cause of the baby’s severe brain damage.

In handing down the court’s decision, the Supreme Court Appellate judges also fund that the damages awarded initially deviated substantially from what would be a reasonable damage award, in light of the extent of the baby’s brain damage. However, they also found that setting aside the verdict as a result of juror confusion and ambiguity was not the right thing to do.
When the plaintiff’s son was born, he sustained severe, life-altering brain damage as a direct result of the negligence of the attending physician present at the time of birth. The doctor did not pay attention to what his interns were doing and didn’t check the level of care provided to the mother in this case.

When this medical malpractice case first went to trial, the doctor was found negligent and the jury awarded $1,500,000. Doctors in The Bronx and Brooklyn are on alert.

The settlement was a low amount considering the nature of the birth injuries and the fact the child could never be left alone for the rest of its life. The damage award was based on a 47% negligence ratio assessed against the defendant doctor.

The case was appealed on the grounds that the damages were far too low given the egregious nature of the doctor’s actions. The Appellate court agreed that the damages were far too low and directed a new trial to deal with damages only. They had no problem ordering a new trial, as there was ample evidence on record that indicated the residents at the hospital and the on call physician, who subsequently died, were negligent.

The on call physician didn’t supervise any of the treatment provided to the mother in this case and his lack of oversight resulted in severe brain damage to the baby. In other words, there was a direct link between the doctor’s negligence and the baby’s brain damage – referred to as proximate cause.

The Appellate court further found that the initial damage award was too low considering what would be reasonable compensation in light of the severe nature of the baby’s permanent brain damage. The other argument advanced was that the jury award was low due to juror confusion and ambiguity. The courts in NYC and Westchester did not see this as being a valid reason to hand out a low amount when the issue could have been addressed at the lower court level.

Continue reading "The settlement was a low amount considering the nature of the birth injuries " »

Mistakes made by medical doctors and staff, left a newborn seriously injured. A Lawyer reports that the child has now been awarded £4.6 million. The compensation will go a long way towards helping his family pay for his continued care.

In June 2004, the boy was born at Queen Elizabeth Hospital in King’s Lynn. The boy suffered injuries that were severe when, during the delivery, medical personnel misinterpreted his mother’s heartbeat as his. This misinterpretation led to the staff not realizing that he had an abnormal heartbeat. Had the staff been more diligent and questioning, they would have noticed and been able to avoid the birth injury. Their misunderstanding led to a catastrophic delay in the boy’s delivery which resulted in the fetus’s heart beat stopping. Serious brain injury occurred because of the ensuing oxygen starvation to the brain.

The family’s legal counsel genuinely argued that had his birth been just ten minutes sooner, his client would have escaped injury completely, and the sole responsibility for that should reside on the medical doctor and staff present. The boy will have to suffer with cerebral palsy and learning difficulties for the rest of his life. He will also be wheelchair dependent forever.
Early last week, the Judge at the High Court in London read and approved of the offered settlement package. It is expected to be awarded to the boy over the course of his lifetime. A source from Manhattan and Long Island said, “The specifics of his payment schedule are unknown, but similar cases usually result in a lump-sum payment coupled with annual amounts paid out to cover the cost of extensive care needs. Professional legal counsel undoubtedly took into consideration the annual cost of caring for a growing child with such dependencies, and when attempting to reach an agreement they no doubt argued those points.”

The judge was heard congratulating the boy’s parents on the level of care they were providing for their son already.

Continue reading "Boy Receives £4.6 Million for Birth Injury" »

When their baby was born with spina bifida, aka a congenital neural tube defect, the parents filed a medical malpractice and wrongful birth lawsuit stating that they had not been told about the purpose of a blood test, referred to as the Triple Marker Test or Alphafetoprotein test, offered to them during the pregnancy, which was to determine if the baby had spina bifida. As a consequence of not being told, the mother did not have the blood test said the Lawyer.

The parents felt that by not being told about the reason for the blood test that they were denied the chance to make an informed decision about continuing the pregnancy or not. When their child was born with a defect, both were devastated and filed for economic and non-economic losses, along with a claim for wrongful life. This motion to hear the claim for wrongful life was precluded and only the parent’s claims were heard.

The jury trial found in favor of the plaintiff parents and awarded past and future economic damages totaling $5 million. Another $5 million was handed down in non-economic damages to the mother and a further $2 million to the father, reported the source.

Medical malpractice cases involving a set of horrendous mistakes that result in a botched birth with the baby being born with a birth defect are tough and emotionally difficult cases. There is no question that plaintiffs in a situation like this need the experience and expertise of a Lawyer.

When doctors in Nassau and Suffolk are responsible for making sure their patients get the best of care and treatment, they need to live up to that responsibility and not let things fall through the cracks. Not providing vital information to a pregnant mother about a crucial test is not living up to the accepted standard of medical care. When in doubt about a birth injury your baby may have sustained, always seek an experienced expert to find out your rights.

This lawsuit was brought by a couple whose baby had been born with spina bidifa. There suit alleged that the doctors involved the pre-natal care did not tell the mother what the reason was for a blood test offered to her during her pregnancy. She had no idea the test was to determine the risk of her unborn baby having spina bifida.

When this case went to court, the judge indicated that there was plenty of evident the father suffered from emotional distress and that both the parents were entitled to damages for this as well, said the doctor. Further, the court said that if the mother had known about the results of the test prior to birth, her decision would not have been speculation.

A video of the baby at birth shown during the trial was quite telling and spoke for itself about the consequences of the mother not knowing about her child’s disease. In other words, there was no prejudice and the video dealt in facts alone. Based on what the jury saw, the court did not feel that the $5 million award was out of line for economic damages and that the $7 million for non-economic damages was fair.

The true bottom line of this lawsuit is that the doctors practicing in Queens and Staten Island did not give the couple all the information they needed to make an informed decision on whether or not to continue with the pregnancy or terminate it.

Continue reading "Baby born with spina bifida sue for wrongful birth, reports New York Medical Malpractice Lawyer" »

A medical malpractice suit involving the birth of a child has recently ended with a $7 million settlement. The Judge has recently approved the settlement described a Lawyer. The child who is the subject of the case has a very rare genetic defect.

The lawsuit was filed in 2008 against a genetic counselor, nurse, and two doctors who were from China. It is alleged by the patient that the correct medical counseling was not available before the woman gave birth. The woman successfully gave birth to a baby girl which had cat cry syndrome.

The girl is now three years old but is still affected by her condition. She has mental and physical disabilities as a result of this. The parents argue that if the abnormalities were detected earlier then it would have been easier for the patient to decide whether or not to go ahead with the pregnancy. A procedure known as amniocentesis is fairly routine and this would have been able to detect the problem.

The two doctors, the nurse and a genetic counselor are all mentioned on the original malpractice suit mentions the source.

The lawyers of the defendants have denied the suggestion that they were medically negligent in their handling of the pregnancy. The hospital said that they were offered the diagnostic tests but turned them down; however, the parents of the baby girl deny that they were ever offered this.

The Judge approved the settlement of $7 million after first listening to a short hearing in Worcester Superior Court.

This includes $4 million dollars which will be left in a trust fund to take care of future medical expenses of the child as she grows older.

Hopefully she now has enough money to make sure that she is looked after correctly for the rest of her life, explains the rep.

The settlement is thought to be the largest of its type in the area of Massachusetts. All the lawyers signed a confidentiality agreement which means that the lawyers cannot talk about the case in more detail. Unless there's a case in Long Island or Manhattan.

Continue reading "Malpractice Suit Settled with $7 Million Payout" »

The case of a little boy who was born with brain damage as a result of medical negligence has just been settled for $8.5 million. The boy who is five years old still requires ongoing regular medical treatment due to his injuries. The settlement is supposed to cover medical costs as well as any future medical requirements that he will continue to need for the rest of his life.

There was no reason to be concerned about the pregnancy. It was thought to be a normal pregnancy and no extra precautions were taken. Standard preparations were made at the medical center explains the expert. However, at around 9 AM heart monitors around the mothers belly detected a very sharp decrease in the heart rate. Prior to this the heart rate was a very healthy 140 beats per minute. However, this suddenly dropped to just 60 beats per minute.

The nurse who noticed this continued to take more readings, stated the rep. However, she did not raise the alarm for about 30 minutes and instead chose to monitor the condition. After 30 minutes she finally did contact the on call obstetrician. It took around 20 minutes for him to arrive.

The doctor explains that the obstetrician did not take the lady straight in for the emergency C-section. Instead he continued to wait until around 11 AM. The actual C-section was very easy and it only took 4 minutes to take the baby out. The prosecution argues that if the C-section was performed earlier that the baby would not of suffered serious brain damage.

An expert witness who practices in The Bronx and Brooklyn was called to give evidence at the trial. The expert said that the injuries which have affected the child's whole life were avoidable. It's suspected that the low heart rate was caused by an obstructed umbilical cord. This restricted the amount of oxygen available which left the baby suffering from brain damage. The child still suffers from seizures, and is unable to see or walk unless he is assisted.

Continue reading "Birth Injury Medical Malpractice Lawsuit Settles for $8.5 Million" »

A mother of a young girl who suffers from many medical conditions, including Cerebral Palsy, asthma and epilepsy is looking for possible treatment options. The girl who is 9 suffers from seizures and many other medical complications.

The medical disorders are affecting the girl because of medical malpractice when she was born. This was caused because the baby was in an awkward position when she was being born. It was argued that this could have been prevented fairly easily if a C-section was done quickly. Instead the baby was born two weeks late.

The family hired a Lawyer and successfully managed to sue the hospital and the emergency room doctor. The family received a settlement of $1 million dollars. The money left over after paying court costs was put into a trust fund to provide for the child’s future healthcare bills.

The family has had to cope with the condition of their daughter since she was born. She requires one treatment with a nebulizer every day to improve her breathing. She requires around the clock assistance which is currently provided by her brother and father.

The young girl needs regular medical care and spends lots of time in hospital. Last year she spent 8 months hospitalized. She is also unable to eat food, she is fed with a feeding tube directly into her stomach explains the doctor.

The girl does go to school when she feels that she is able to. However, she spends more time in hospital than at school. She can communicate with people using her eyes. It is hoped that she will be able to move her hands after the treatment so that she can communicate with a more effective method.

The parents of the girl have been investigating possible treatment options which can be used to relieve some of the conditions of Cerebral Palsy. They found a clinic in China which will offer the revolutionary treatment. While it’s not expected to be a cure, it is hoped that it will give her some more movement in her hands.

The parents intended to use the remainder of the $1 million settlement for the treatment. However, they were told that because this was in trust this was not possible. Instead a friend of the family organized a fundraising event to cover the costs. Hospitals in Queens and Westchester are aware of this.

The family would also really like to form a support group for people who suffer from Cerebral Palsy.

Continue reading "Mother of Girl with Cerebral Palsy Seeking Treatment" »

When it’s time to give birth, the parents are excited and anxious for everything to go well. When they don’t and their child suffers permanent disabilities because of a hypoxic brain injury, a lawsuit usually follows.

In this case, the parents filed a med mal lawsuit against the hospital and the doctor who delivered their baby girl. The claim states that the doctor ruptured membranes in her head and didn’t use the proper resuscitation techniques and then compounded the whole mess by failing to perform a C-section immediately, reported the doctor. As a result of this gruesome series of errors, the baby did not get enough oxygen to her brain and was born with cerebral palsy, unable to hear properly and with learning disabilities.

The parents filed a claim asking the court for compensatory damages for their baby’s suffering, pain, disability, disfigurement and her inability to ever be able to enjoy a normal life, explained the source.

While it is true that cerebral palsy may happen without the doctor making any medical mistakes, it is equally clear that if the doctor does follow the proper and accepted standards at birth, the child’s brain would not have been deprived of oxygen.

Since the baby “was” deprived of air at the crucial time, the med mal lawsuit may result in compensation for the baby’s disabilities. Fair compensation is not possible without the dedicated and skilled assistance of a doctor. Hospitals in Manhattan and Staten Island try to avoid these situation.

Birth injuries may happen either before, during or just after birth and typically tend to involve oxygen deprivation to the child’s brain. These kinds of birth injuries are usually referred to as hypoxic brain injuries and in most cases, the child’s life will never be normal. Depending on how severe the birth injury is, the child may require medical care for the rest of their lives and never know what living a normal life means, explained the spokesperson.

The parents in this case were expecting a normal delivery and weren’t anticipating any difficulties with their baby. They trusted their doctor to do the right thing. Unfortunately, while the doctor was trying to do the right thing, he made three egregious errors that forever changed the baby’s life. He burst the membranes in her head, didn’t resuscitate her properly and didn’t immediately order a C-section. This resulted in medical malpractice.

As a direct result of this doctor’s errors, the baby sustained a hypoxic brain injury and for the rest of her life she and her parents will deal with her inability to hear properly, her learning disabilities and her cerebral palsy, indicated the report. Hospitals and doctors in Nassau and Suffolk Counties have had to learn to deal with these situations.

For anyone who suspects that their baby has sustained birth injuries, it’s advisable to contact a competent rep and find out what a medical malpractice case involved. They are complicated, convoluted and take a fair length of time to settle or go to court. This is why time is of the essence in speaking to a knowledgeable med mal lawyer right away.

Continue reading "Birth injuries may happen either before, during or just after birth " »

A stillborn baby, born at home, was the reason for a mother to file a medical malpractice lawsuit, commented the doctor. The mother has gone to hospital in April with a headache, lower abdominal pain and a fever. She remained in care for six days. In June she went back and said she was spotting. She was admitted to rule out her being in labor, as she was in the 32nd week of her pregnancy.

During her second admission, she received drugs to relax the uterine muscles and stop any premature labor and was hooked up to a fetal monitor, reported the source. She was given an antibiotic, diagnosed with cervicitis and sent home.

Two days later, she was admitted once again with the same complaints, was again given another drug to stop labor and was discharged against medical advice. Two more days went by and she returned to the hospital once again, where she was told she was not in labor and given another antibiotic for a possible urinary tract infection and send home.

The day after she was sent home with the latest round of drugs, she was admitted again and a midwife said she was not in labor and left. The mother went home, only to return in the morning and be given a prescription for Tylenol with codeine. There was no record of this visit in the plaintiff’s medical files, explained the official.

She was once again sent home and went into labor. However, the baby was born feet first with the head stuck in the birth canal. An EMS responder tried to resuscitate the baby but was unsuccessful and even though the baby went to the hospital, no signs of a pulse or respiration were detected.

At trial the plaintiff’s expert doctor said a breech born baby that is blue and has no pulse or respiration after about a half hour is considered to be stillborn, whether attempts were made to revive it or not. The jury found the hospital was negligent sending the mother home with Tylenol without evaluating her and that this was a substantial factor in the baby’s death. Hospitals in Brooklyn and Long Island have looked into this case.

Continue reading "A stillborn baby, born at home, was the reason for a mother to file a medical malpractice lawsuit" »

When this medical malpractice case first went to trial, the doctor was found negligence and the jury awarded $1,500,000, a low amount considering the nature of the birth injuries and the fact the child could never be left alone for the rest of its life. The damage award was based on a 47% negligence ratio assessed against the defendant doctor.

The case was appealed on the grounds that the damages were far too low given the egregious nature of the doctor’s actions, explained the source. The Appellate court agreed that the damages were far too low and directed a new trial to deal with damages only. They had no problem ordering a new trial, as there was ample evidence on record that indicated the residents at the hospital and the on call physician, who subsequently died, were negligent.

The on call physician didn’t supervise any of the treatment provided to the mother in this case and his lack of oversight resulted in severe brain damage to the baby. In other words, there was a direct link between the doctor’s negligence and the baby’s brain damage – referred to as proximate cause.

The Appellate court further found that the initial damage award was too low considering what would be reasonable compensation in light of the severe nature of the baby’s permanent brain damage, said the court. The other argument advanced was that the jury award was low due to juror confusion and ambiguity. The court did not see this as being a valid reason to hand out a low amount when the issue could have been addressed at the lower court level. A similar decision would have been handed down in The Bronx and Westchester County.

Continue reading "The case was appealed on the grounds that the damages were far too low " »

This lawsuit was brought by a couple whose baby had been born with spina bidifa. There suit alleged that the doctors involved the pre-natal care did not tell the mother what the reason was for a blood test offered to her during her pregnancy. She had no idea the test was to determine the risk of her unborn baby having spina bifida.

When this case went to court, the judge indicated that there was plenty of evidence the father suffered from emotional distress and that both the parents were entitled to damages for this as well, said the judge. Further, the court said that if the mother had known about the results of the test prior to birth, her decision would not have been speculation. Medical malpractice seems to be present here.

A video of the baby at birth shown during the trial was quite telling and spoke for itself about the consequences of the mother not knowing about her child’s disease. In other words, there was no prejudice and the video dealt in facts alone. Based on what the jury saw, the court did not feel that the $5 million award was out of line for economic damages and that the $7 million for non-economic damages was fair, reported the source. Hospitals and doctors in Queens and Staten Island are aware of this case.

The true bottom line of this lawsuit is that the doctors did not give the couple all the information they needed to make an informed decision on whether or not to continue with the pregnancy or terminate it. This is medical malpractice.

Continue reading "Baby born with spina bifida sue for wrongful birth" »

When their baby was born with spina bifida, aka a congenital neural tube defect, the parents filed a medical malpractice and wrongful birth lawsuit stating that they had not been told about the purpose of a blood test, referred to as the Triple Marker Test or Alphafetoprotein test, offered to them during the pregnancy, which was to determine if the baby had spina bifida. As a consequence of not being told, the mother did not have the blood test, said the source.

The parents felt that by not being told about the reason for the blood test that they were denied the chance to make an informed decision about continuing the pregnancy or not. When their child was born with a defect, both were devastated and filed for economic and non-economic losses, along with a claim for wrongful life. This motion to hear the claim for wrongful life was precluded and only the parent’s claims were heard.

The jury trial found in favor of the plaintiff parents and awarded past and future economic damages totaling $5 million. Another $5 million was handed down in non-economic damages to the mother and a further $2 million to the father, reported the newspapers.

Medical malpractice cases in Nassau and Suffolk Counties involving a set of horrendous mistakes that result in a botched birth with the baby being born with a birth defect are tough and emotionally difficult cases. There is no question that plaintiffs in a situation like this need the experience and expertise of a knowledgeable expert.

Continue reading "The jury trial found in favor of the plaintiff parents " »

When it’s time to give birth, the parents are excited and anxious for everything to go well. When they don’t and their child suffers permanent disabilities because of a hypoxic brain injury, a lawsuit usually follows.

In this case, the parents filed a med mal lawsuit against the hospital and the doctor who delivered their baby girl. The claim states that the doctor ruptured membranes in her head and didn’t use the proper resuscitation techniques and then compounded the whole mess by failing to perform a C-section immediately, reported the doctor. As a result of this gruesome series of errors, the baby did not get enough oxygen to her brain and was born with cerebral palsy, unable to hear properly and with learning disabilities.

The parents filed a claim asking the court for compensatory damages for their baby’s suffering, pain, disability, disfigurement and her inability to ever be able to enjoy a normal life, explained the hospital spokesperson.

While it is true that cerebral palsy may happen without the doctor making any medical mistakes, it is equally clear that if the doctor does follow the proper and accepted standards at birth, the child’s brain would not have been deprived of oxygen.

Since the baby “was” deprived of air at the crucial time, the med mal lawsuit may result in compensation for the baby’s disabilities. Fair compensation is not possible without the dedicated and skilled assistance of an expert. This would be true in Manhattan and also in Long Island.

Continue reading "Child born with cerebral palsy as a result of errors during delivery, indicated the New York Medical Malpractice Lawyer" »

Birth injuries may happen either before, during or just after birth and typically tend to involve oxygen deprivation to the child’s brain. These kinds of birth injuries are usually referred to as hypoxic brain injuries and in most cases, the child’s life will never be normal. Depending on how severe the birth injury is, the child may require medical care for the rest of their lives and never know what living a normal life means, explained the source.

The parents in this case were expecting a normal delivery and weren’t anticipating any difficulties with their baby. They trusted their doctor to do the right thing. Unfortunately, while the doctor was trying to do the right thing, he made three egregious errors that forever changed the baby’s life. He burst the membranes in her head, didn’t resuscitate her properly and didn’t immediately order a C-section.

As a direct result of this doctor’s errors, the baby sustained a hypoxic brain injury and for the rest of her life she and her parents will deal with her inability to hear properly, her learning disabilities and her cerebral palsy, indicated the observer.

For anyone who suspects that their baby has sustained birth injuries, it’s advisable to contact a competent expert and find out what a med mal case involved. They are complicated, convoluted and take a fair length of time to settle or go to court. This is why time is of the essence in speaking to a knowledgeable med mal lawyer right away. If you don’t get your claim filed prior to the Statute of Limitations deadlines, then you will be barred from seeking compensation. This is also true in places like The Bronx and Brooklyn.

Continue reading "Birth injuries may happen either before, during or just after birth " »

This medical malpractice lawsuit was filed on behalf of a woman whose delivery was botched so badly that she delivered a stillborn child. The facts of this case are really heart wrenching.

Jane Doe was pregnant in 2009 and a patient at a local women’s clinic. Doe was diagnosed with gestational diabetes in the last stages of her pregnancy. During week 39 of her pregnancy, she went to the health center concerned about discharges she was having. Her blood sugar level was very high. When her primary care doctor found out about the high blood sugar level, he told medical staff to send her home, tell her to consume more water and put her feet up. The doctor never personally “saw” his patient at that time.

For the next six days, the woman kept having discharges and called the ER many times to discuss her symptoms. She was told to put her feet up and drink more water and that her symptoms were normal, because she was dehydrated.

The woman went into labor shortly thereafter and another doctor handled her treatment. They couldn’t find a fetal heartbeat. An exam revealed her membrane had burst and had left virtually no amniotic fluid. Her primary care doctor was called and he arrived an hour later and confirmed there was no fetal heartbeat. Despite the fact that the mother had a narrow pelvis and was to deliver a stillborn, the doctors chose to proceed with a vaginal delivery.

The labor was brutal and excruciating and the woman gave birth to a 9-pound dead baby. The condition was horrendous as a result of the delivery tactics used by the doctors resulting in medical malpractice. It turns out her primary care physician went on a leave of absence because he was facing three felony charges. This was just a horrid situation for everyone involved and our hearts go out to this traumatized family. Hospitals in Nassau and Suffolk are watchful for these problems.

Continue reading "Pregnancy gone wrong, results in birth of stillborn child" »

Legal payments may be blocked in one state’s birth-injury program; a saving for the state, but potential anguish for the parents who will be unable to sue for med mal, said a New York Medical Malpractice Lawyer.
In a case that made headlines, a state commission reversed an earlier decision to allow the birth-injury program to pay defense lawyers who were seeking to have a dead child accepted into the program. Evidently, a child who had died shortly after birth, under the care of a local obstetrician, was deemed qualified for benefits under the birth-injury program. Parents in The Bronx and Queens could claim up to $100,000 from the program. However, the fact that the child qualified, meant that a separate medical malpractice lawsuit against the obstetrician for millions was ended.
The state’s attorney general pointed out that program funding was not to be used to pay lawyers who were trying to avoid exposure to med mal lawsuits for their clients. In other words, the eligibility issue was not to protect the interests of the dead child, but to ensure the negligence doctor was not sued for medical malpractice, explained the Doctor.
In a nutshell, defense lawyers are being told that they have no business seeking compensation from the program. Although the malpractice lawsuit for birth injuries was barred because of the child’s admission to the birth-injury program, this will not stop any malpractice action for injuries incurred by the mother at birth, added the NYC Medical Malpractice Lawyer.

Continue reading "Birth Injury Eligibility to Alternative Program to Avoid Med Mal Lawsuit not Acceptable" »

A mother is hoping that stem cell research could provide the secrets which can be used to cure her daughters Cerebral Palsy. The 9 year old girl suffers from epilepsy, asthma and cerebral palsy.

It is alleged that the young girl suffers from cerebral palsy because of mistakes which were made during her birth. The girl was in an awkward position which meant that the mother really should have been offered a caesarian section. However, the pregnancy was allowed to continue as normal but she didn’t give birth until two weeks after the due date.

The family have successfully filed a case against the doctor in the emergency room. They have received a settlement of $1 million. Once all of the New York Medical Malpractice Lawyer fees were paid, the rest of the money was put into a trust fund.

The family have had 9 years to get used to coping and living with the condition of the girl. The young girl requires daily treatment with a nebulizer to assist her breathing. Her epilepsy also causes seizures. The full time careers of the girl are her father and brother. In Long Island and New York City, Lawyers deal with birth injury on a daily basis.

The NY Medical Malpractice Lawyer explains that the mistakes made at the time of her birth have had a serious impact on her whole life. She cannot eat normal food and is instead fed through a small tube which is inserted straight into the stomach. Her body finds it difficult to retain the food and her weight at 9 is only 30 pounds.

She tries to live as normal a life as possible. She attends school whenever possible. She has a personal instructional aide to assist with her studies when she is at school. At the moment she cannot communicate because she does not have any movement in her hands.

The parents of the girl are hoping that stem cell research will provide a suitable treatment. They have chosen a medical center in China which will implant the stem cells by lumbar puncture. This is not a cure, but will hopefully lessen the symptoms.

Continue reading "Mother of Cerebral Palsy Girl Seeking Stem Cell Cure" »

A New York Medical Malpractice Attorney explains that a doctor from Ohio was found to be responsible for medical negligence concerned with the birth of a baby girl.

The trial took a day and a half and various expert witnesses were called to the stand. It was decided that the doctor was responsible and the hospital was ordered to pay $13.9 million in damages.

The girl who is the subject of the case is now ten years old. She suffered from cerebral Palsy which was directly caused by the doctor being negligent and not acting quickly enough. It is alleged that the doctors actions during the birth deprived the baby of oxygen which lead to the complications.

The patient visited her family doctor on a regular basis for checkups. These checkups allowed her to check how her pregnancy was and that everything was going properly. The hospital ordered tests which showed her baby had a fairly low heart rate. The doctor decided that it was in the babies best interests to induce labor early.

The parents agreed and had an emergency Caesarean section. This is where the baby is delivered through surgery. However, after labor was induced the doctor changed his mind and decided not to do the C-section. Expert witnesses said that the lack of oxygen to the brain of the baby caused the child to suffer from cerebral palsy.

The expert witness also gave further details that showed the child also suffered another cerebral palsy when contractions were induced. The doctor argued that she never even though about doing a C-section because there was no reason to think that the baby had anything wrong with it.

The New York City Medical Malpractice Lawyer says the family is arguing that if a c-section was performed quickly that the baby would have been completely normal. The complications during her birth were completely avoidable.

Cerebral Palsy is a medical condition which can affect the way the brain works and impair several functions including learning, hearing, thinking and walking. Many of the problems which cause this can be avoided.

Continue reading "$13.9 Million Is Awarded In Birth Injury Lawsuit " »

The parents of a five year old boy filed a malpractice suit due to injuries sustained during the birth of their son. The case has been settled after being in court for just three days explains a prominent New York Medical Malpractice Lawyer.

The New York City Medical Malpractice Lawyer was told that the parents of the child were awarded $8.5 million to cover medical costs and care required due to mistakes made when their don was born. The five year old boy still suffers from seizures and is not able to walk unassisted. The boy will need medical treatment for his entire life because he suffered from brain damage.

Everything seemed fine when the delivery started explained the Manhattan Medical Malpractice Lawyer. However, according to medical reports and records at 9 AM concerns were raised about the heart rate meter dropping significantly. The heart rate of the baby was originally at 140 beats per minute, but fell as low as 60 beats per minute.

The heart rate being as low as 60 beats per minute is very serious and can cause long lasting damage. The nurse continued to monitor the situation but waited for half an hour before alerting the obstetrician. This was found out by looking at telephone records which show when she started making phone calls to the obstetrician.

The attending obstetrician arrived 22 minutes after he was called. However, the caesarean section was not carried out until 11AM. The procedure was very quick and only took around 4 minutes to take the baby out. If this was performed immediately without the delays that were really experienced, then the family could have been facing a very different future.

The New York Medical Malpractice Lawyer explains that an expert witness was called to give evidence. They said that if the C-section was performed earlier then it would be much more likely that the baby would not of been harmed. The birth injuries were preventable if the doctors acted quickly. Lawyers in Manhattan, New York City have stated the same case.

Continue reading "Parents Settle $8.5 million in Birth Injury Malpractice " »

In this case, the father of a brain damaged baby filed a medical malpractice lawsuit against the attending doctor. In the original trial, the court found the doctor guilty of malpractice and granted a motion to set aside the damage award of $1,500,000, because it was not enough. A new trial was ordered to set damages.
On appeal, the court held there was plenty of evidence to show that the on call attending doctor didn’t properly supervise the treatment offered by his residents during the birth of the baby in this case. They further held his malpractice was substantial and the proximate cause of the baby’s severe brain damage, explained the New York Medical Malpractice Lawyer Malpractice can take place anywhere like Brooklyn, New York and is likely to end in a similar award to the victim.
In handing down the court’s decision, the Supreme Court Appellate judges also fund that the damages awarded initially deviated substantially from what would be a reasonable damage award, in light of the extent of the baby’s brain damage. However, they also found that setting aside the verdict as a result of juror confusion and ambiguity was not the right thing to do.
When the plaintiff’s son was born, he sustained severe, life-altering brain damage as a direct result of the negligence of the attending physician present at the time of birth. The doctor did not pay attention to what his interns were doing and didn’t check the level of care provided to the mother in this case, reported the New York Medical Malpractice Lawyer.

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