Birth Injury

This medical malpractice cased involved a patient with a difficult pregnancy and childbirth that resulted in a birth injury to the child. The court was tasked to determine whether the child’s injuries were due to mistakes made by the hospital, the doctors involved, or both.

Background Facts

Ms. Youssef arrived at New York Methodist Hospital (NYMH) in December 2013, referred by her private physician to rule out preeclampsia at 38 weeks and 3 days pregnant. She was diagnosed with preeclampsia and monitored closely. Preeclampsia is a pregnancy complication characterized by high blood pressure (hypertension) and signs of damage to organs, most commonly the liver and kidneys. It usually develops after 20 weeks of pregnancy and can affect both the mother and the unborn baby. Symptoms of preeclampsia may include high blood pressure, protein in the urine (proteinuria), swelling (edema), sudden weight gain, headaches, vision changes (such as blurred vision or sensitivity to light), and abdominal pain.

Medical malpractice cases involve complex legal and medical issues. In A.M. v. N.Y.C. Health & Hosps. Corp. 212 A.D.3d 449 (N.Y. App. Div. 2023), the Supreme Court of Bronx County considered a case involving birth injuries, specifically Erbs Palsy.

Erb’s palsy, also known as Erb-Duchenne palsy, is a condition that occurs when there is damage to the brachial plexus, a network of nerves near the neck that controls movement and sensation in the shoulder, arm, and hand. This damage can occur during childbirth, typically when there is excessive pulling on the infant’s head and neck during delivery. Erb’s palsy can result in weakness or paralysis of the affected arm, as well as loss of sensation. Treatment for Erb’s palsy may include physical therapy, occupational therapy, and in some cases, surgery. The outlook for individuals with Erb’s palsy varies depending on the severity of the condition, but many people are able to regain some or all function in the affected arm with appropriate treatment and therapy.

Background Facts

Articles Posted in Birth Injury

Claim of medical malpractice that resulted in baby suffering neurological complications. Youssef v. Fayez Guirguis, M.D., 2019 N.Y. Slip Op. 33390 (N.Y. Sup. Ct. 2019)

Court determines that Government Entity’s Actual Knowledge Justifies Late Notice of Claim. A.M. v. N.Y.C. Health & Hosps. Corp. 212 A.D.3d 449 (N.Y. App. Div. 2023)