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 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.

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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 " »

A stay in the hospital can be an emotional and traumatic experience for most anyone. This is especially true when you or someone you love must be continually monitored due to an illness or injury. A New York Medical Malpractice Attorney also claims that their very lives often depend on the monitoring equipment being fully functional, and on hospital staff paying close attention to any indications that something may be happening that will require their attention to be focused on the patient.
All have learned that the best-case scenario of when an alarm sounds from a medical monitoring device, it may by ignored by medical personnel. There are also cases that have been reported of these life-saving alarms may not be sounded at all. Some recent reports in the investigative media have specified more than a few problems with this life-saving system--Problems that have cost some people their lives, and has forever altered others.
Sources have told a NY Medical Malpractice Attorney that when these alarms are ignored by hospital staff, it may be referred to as “alarm fatigue.” Medical personnel are confronted by as many as 1,000 alarms a day, in some cases. That is an astounding number, and while there are many of the alarms that indicate that a patient is in distress, there are also many more of these alarms that are false. Medical personnel are people too, and people tend to become conditioned or desensitized to external stimuli when that stimulus is persistent in its duration. Just to note that some medical equipment emits constant beeps in addition to alarms, which further adds to this desensitization. Hospitals in Westchester County and Staten Island would do well to study this case and make sure they don't suffer the same fate.
Human error is not the only contributing factors to alarm fatigue, however. Medical equipment manufacturers must also bear responsibility and should constantly strive to improve their products in order to reduce, or even better to eliminate, these false alarms.
When medical personnel allow alarm fatigue to set in, thereby allowing them to ignore these kinds of alarms, they are negligent in the performance of their duties and should be held accountable. These persons are charged with the safety and well-being of those who are at least temporarily unable to care for themselves, and are held to a higher standard of ethical and legal conduct.

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