New York Medical Malpractice Lawyer Blog

In the initial case, the jury found for the plaintiff in the amount of $1 million, citing the negligence of the hospital and doctors in the stillborn birth of a baby. The hospital appealed, said the report, and their findings were that it was okay to have amended the original complaint, that negligence was not the direct cause of the baby’s death was not inconsistent or against the evidence, that there was medical malpractice by the hospital, that the doctor did not actually treat the mother and that reducing the damages was not warranted.

The plaintiff alleged that when she went to the hospital in the 32nd week of her pregnancy with abdominal pains that she was not properly assessed or treated. The lack of proper care resulted in the woman having her baby at home without medical help. The baby presented feet first and died of asphyxia due to the head being stuck in the birth canal. The mother’s claim indicated that she suffered terrible emotional pain because of this situation, indicated the source.

Medical malpractice in hospitals is not unusual in Queens and Staten Island. With the amount of traffic they have to deal with there are bound to be mistakes. Sometimes things become so busy and hectic it's hard to keep things under control. The hospitals try to control things but sometimes it just can't be done.

At trial there was an argument over whether or not the baby was born dead or alive, as it made a difference in how the court arrived at its judgment. The court stood by 2004 ruling in a similar case and indicated that even in the absence of an injury, med mal resulting in a stillbirth or miscarriage is a violation of the duty of care to the mother and will mean she is entitled to damages for emotional distress, explained the court.

A report shares how the unfortunate incident of a 17 year old lady’s tragic death due sparked the discussion between law makers, patient advocate groups and Congress about lifting caps for medical malpractice damages.

Many lawmakers, according to the report, are trying to cut down on the cost of health care and one of the ways that they deem necessary to accomplish this task is to put a cap on medical malpractice cases. The lawmakers and groups of physicians seem to agree that if a cap is not put on such medical malpractice cases, it will result in unnecessary lawsuits.

However, the expert along with families of the patients disagrees with this stance. They feel that doctors and hospitals should be held accountable for their negligence.

The hospital where the death of this young woman occurred were quick to note that they were sad about her death and indicated that they have worked to conduct an intensive investigation that would give definitive answers about her death. Hospitals in Manhattan and Queens also strive to eliminate mistakes like this.

One hospital official said, “We take pride in our policy of informing the family and the patient about their care and the treatment that we provide.”

However, this young lady’s family has decided to take it into the court system so that they can have some closure about what happened to their daughter. The young lady’s parents had to cut through so much red tape to get the answers that they required.

Continue reading "Lifting caps for Medical Malpractice Cases " »

When a child was 1 year old he spilled coffee all over himself. Although this would not affect any adult that much, it has completely and irreversibly changed this toddler’s life. He burned over 10 percent of his body and required urgent medical treatment. The toddler was rushed to St Johns Hospital for medical attention.

The accident happened in 2010. Today though, things are much worse. The child is in a near vegetative state due to medical negligence explains a New York Medical Malpractice Lawyer. It is thought that the child was injected with the incorrect types of sedatives which have affected his life forever. The doctors initially started blaming each other over the mix up which led to the wrong injection being given. The boy is just over two years of age and has already spent virtually half of his life so far in hospital. In New York and Queens, hospitals are aware of this case.

The family of the child are devastated that their son has suffered significantly as a result of the mistakes made by doctors. The hospital states that at two he only weighed 7KG. He was unable to see or hear properly at one time; fortunately he has recovered the use of these senses. However, he is unable to identify anyone and is thought to be in a near vegetate state.

The hospital denies all liability for the condition of the child. They released a statement which has since been given to the New York Medical Malpractice Lawyer. In it, the hospital claims that he suffered respiratory problems which required him to be resuscitated. At this time it was discovered he had a brain injury which needed additional treatment.

The infections were controlled using medications. The hospital claims that they were not negligent and have the toddler the very best care that they possibly could. However, the child now has a developmental age of around 15 months which is far less than his real age.

The statement issued by the hospital then mentions that the child has made a recovery. It mentions that he has not had any health problems for three months. The father of the child says that this is outrageous. Because of these mistakes his son is unable live a normal life.

Continue reading "Sons Life Affected by Medical Negligence" »