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.