Birth Injury

Published on: February 26, 2012

A stillborn baby, born at home, was the reason for a mother to file a medical malpractice lawsuit

by Stephen Bilkis

A stillborn baby, born at home, was the reason for a mother to file a medical malpractice lawsuit, commented the doctor. The mother has gone to hospital in April with a headache, lower abdominal pain and a fever. She remained in care for six days. In June she went back and said she was spotting. She was admitted to rule out her being in labor, as she was in the 32nd week of her pregnancy.

During her second admission, she received drugs to relax the uterine muscles and stop any premature labor and was hooked up to a fetal monitor, reported the source. She was given an antibiotic, diagnosed with cervicitis and sent home.

Two days later, she was admitted once again with the same complaints, was again given another drug to stop labor and was discharged against medical advice. Two more days went by and she returned to the hospital once again, where she was told she was not in labor and given another antibiotic for a possible urinary tract infection and send home.

Published on: December 26, 2011

The case was appealed on the grounds that the damages were far too low

by Stephen Bilkis

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.

Published on: December 23, 2011

Baby born with spina bifida sue for wrongful birth

by Stephen Bilkis

This lawsuit was brought by a couple whose baby had been born with spina bidifa. There suit alleged that the doctors involved the pre-natal care did not tell the mother what the reason was for a blood test offered to her during her pregnancy. She had no idea the test was to determine the risk of her unborn baby having spina bifida.

When this case went to court, the judge indicated that there was plenty of evidence the father suffered from emotional distress and that both the parents were entitled to damages for this as well, said the judge. Further, the court said that if the mother had known about the results of the test prior to birth, her decision would not have been speculation. Medical malpractice seems to be present here.

A video of the baby at birth shown during the trial was quite telling and spoke for itself about the consequences of the mother not knowing about her child’s disease. In other words, there was no prejudice and the video dealt in facts alone. Based on what the jury saw, the court did not feel that the $5 million award was out of line for economic damages and that the $7 million for non-economic damages was fair, reported the source. Hospitals and doctors in Queens and Staten Island are aware of this case.

Published on: December 20, 2011

The jury trial found in favor of the plaintiff parents

by Stephen Bilkis

When their baby was born with spina bifida, aka a congenital neural tube defect, the parents filed a medical malpractice and wrongful birth lawsuit stating that they had not been told about the purpose of a blood test, referred to as the Triple Marker Test or Alphafetoprotein test, offered to them during the pregnancy, which was to determine if the baby had spina bifida. As a consequence of not being told, the mother did not have the blood test, said the source.

The parents felt that by not being told about the reason for the blood test that they were denied the chance to make an informed decision about continuing the pregnancy or not. When their child was born with a defect, both were devastated and filed for economic and non-economic losses, along with a claim for wrongful life. This motion to hear the claim for wrongful life was precluded and only the parent’s claims were heard.

The jury trial found in favor of the plaintiff parents and awarded past and future economic damages totaling $5 million. Another $5 million was handed down in non-economic damages to the mother and a further $2 million to the father, reported the newspapers.

Published on: December 17, 2011

Child born with cerebral palsy as a result of errors during delivery, indicated the New York Medical Malpractice Lawyer

by Stephen Bilkis

When it’s time to give birth, the parents are excited and anxious for everything to go well. When they don’t and their child suffers permanent disabilities because of a hypoxic brain injury, a lawsuit usually follows.

In this case, the parents filed a med mal lawsuit against the hospital and the doctor who delivered their baby girl. The claim states that the doctor ruptured membranes in her head and didn’t use the proper resuscitation techniques and then compounded the whole mess by failing to perform a C-section immediately, reported the doctor. As a result of this gruesome series of errors, the baby did not get enough oxygen to her brain and was born with cerebral palsy, unable to hear properly and with learning disabilities.

The parents filed a claim asking the court for compensatory damages for their baby’s suffering, pain, disability, disfigurement and her inability to ever be able to enjoy a normal life, explained the hospital spokesperson.

Published on: December 14, 2011

Birth injuries may happen either before, during or just after birth

by Stephen Bilkis

Birth injuries may happen either before, during or just after birth and typically tend to involve oxygen deprivation to the child’s brain. These kinds of birth injuries are usually referred to as hypoxic brain injuries and in most cases, the child’s life will never be normal. Depending on how severe the birth injury is, the child may require medical care for the rest of their lives and never know what living a normal life means, explained the source.

The parents in this case were expecting a normal delivery and weren’t anticipating any difficulties with their baby. They trusted their doctor to do the right thing. Unfortunately, while the doctor was trying to do the right thing, he made three egregious errors that forever changed the baby’s life. He burst the membranes in her head, didn’t resuscitate her properly and didn’t immediately order a C-section.

As a direct result of this doctor’s errors, the baby sustained a hypoxic brain injury and for the rest of her life she and her parents will deal with her inability to hear properly, her learning disabilities and her cerebral palsy, indicated the observer.

Published on: December 3, 2011

Pregnancy gone wrong, results in birth of stillborn child

by Stephen Bilkis

This medical malpractice lawsuit was filed on behalf of a woman whose delivery was botched so badly that she delivered a stillborn child. The facts of this case are really heart wrenching.

Jane Doe was pregnant in 2009 and a patient at a local women’s clinic. Doe was diagnosed with gestational diabetes in the last stages of her pregnancy. During week 39 of her pregnancy, she went to the health center concerned about discharges she was having. Her blood sugar level was very high. When her primary care doctor found out about the high blood sugar level, he told medical staff to send her home, tell her to consume more water and put her feet up. The doctor never personally “saw” his patient at that time.

For the next six days, the woman kept having discharges and called the ER many times to discuss her symptoms. She was told to put her feet up and drink more water and that her symptoms were normal, because she was dehydrated.

Published on: October 31, 2011

Birth Injury Eligibility to Alternative Program to Avoid Med Mal Lawsuit not Acceptable

by Stephen Bilkis

Legal payments may be blocked in one state’s birth-injury program; a saving for the state, but potential anguish for the parents who will be unable to sue for med mal, said a New York Medical Malpractice Lawyer.

In a case that made headlines, a state commission reversed an earlier decision to allow the birth-injury program to pay defense lawyers who were seeking to have a dead child accepted into the program. Evidently, a child who had died shortly after birth, under the care of a local obstetrician, was deemed qualified for benefits under the birth-injury program. Parents in The Bronx and Queens could claim up to $100,000 from the program. However, the fact that the child qualified, meant that a separate medical malpractice lawsuit against the obstetrician for millions was ended.

The state’s attorney general pointed out that program funding was not to be used to pay lawyers who were trying to avoid exposure to med mal lawsuits for their clients. In other words, the eligibility issue was not to protect the interests of the dead child, but to ensure the negligence doctor was not sued for medical malpractice, explained the Doctor.

Published on: August 6, 2011

Mother of Cerebral Palsy Girl Seeking Stem Cell Cure

by Stephen Bilkis

A mother is hoping that stem cell research could provide the secrets which can be used to cure her daughters Cerebral Palsy. The 9 year old girl suffers from epilepsy, asthma and cerebral palsy.

It is alleged that the young girl suffers from cerebral palsy because of mistakes which were made during her birth. The girl was in an awkward position which meant that the mother really should have been offered a caesarian section. However, the pregnancy was allowed to continue as normal but she didn’t give birth until two weeks after the due date.

The family have successfully filed a case against the doctor in the emergency room. They have received a settlement of $1 million. Once all of the New York Medical Malpractice Lawyer fees were paid, the rest of the money was put into a trust fund.

Published on: June 12, 2011

$13.9 Million Is Awarded In Birth Injury Lawsuit

by Stephen Bilkis

A New York Medical Malpractice Attorney explains that a doctor from Ohio was found to be responsible for medical negligence concerned with the birth of a baby girl.

The trial took a day and a half and various expert witnesses were called to the stand. It was decided that the doctor was responsible and the hospital was ordered to pay $13.9 million in damages.

The girl who is the subject of the case is now ten years old. She suffered from cerebral Palsy which was directly caused by the doctor being negligent and not acting quickly enough. It is alleged that the doctors actions during the birth deprived the baby of oxygen which lead to the complications.