New York Medical Malpractice Lawyer Blog

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.

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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.

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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.

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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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