New York Medical Malpractice Lawyer Blog

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.

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 " »

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 " »

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" »