New York Medical Malpractice Lawyer Blog

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 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" »

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" »

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" »