When an expectant mother is observed to have meconium in amniotic fluid coupled with the deceleration of the infant’s heart just seven minutes prior to birth, physicians and hospital staff are obviously alerted to potential problems. In this case, a baby was delivered with the umbilical cord wrapped around her neck. This incident was ultimately determined to be the cause of the newborns cerebral palsy.
The mother of the child filed suit against the physician, her practice and the hospital. The mother indicated that the doctor failed to properly manage her delivery and was responsible for the long-term problems that her child faces. New York Medical Malpractice Lawyers were able to negotiate a pretrial settlement but the case against the hospital continued on to trial. The newborn and her mother were in danger during the delivery and that the baby was deprived of oxygen for approximately 27 minutes. The lawyers also stated that the babies safety was impaired by the presence of thick meconium-stained amniotic fluid in her trachea and that a competent resuscitative neonatologist did not arrive for another fifteen minutes thus leaving the baby unable to breathe independently for over 20 minutes.
A New York Medical Malpractice Lawyer also detailed the events after the birth stating that neonatal nurse and physician’s assistant were not even requested until after the newborn’s post-delivery state was confirmed. In most cases, these individuals would have been asked to report to the delivery room earlier so they can be prepared at the actual time of birth. In addition to the tardiness of the individuals, the lawyers for this mother and child indicated that once the emergency team arrived, they were not adequately trained t perform advanced resuscitative procedures. The report states that neither the nurse nor the assistant had ever suction or intubated a patient in the trachea below the vocal cords.
At the end of the day, the defense argued that the mother and baby were properly treated and that any injuries had occurred prior to birth. However, the jury returned with a verdict against the hospital staff for departing from the accepted standard of medical care. The damages totaled over forty-three million dollars.
The firm of Stephen Bilkis & Associates and its New York Medical Malpractice Lawyers with convenient locations in the New York Metropolitan Area, including Flushing, N.Y., can be of invaluable assistance to you if you find yourself a victim of medical malpractice. Enduring pain, disfigurement and financial anguish without professional representation is not the path you should choose.