Articles Posted in Birth Injury

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The parents of a five year old boy filed a malpractice suit due to injuries sustained during the birth of their son. The case has been settled after being in court for just three days explains a prominent New York Medical Malpractice Lawyer.

The New York City Medical Malpractice Lawyer was told that the parents of the child were awarded $8.5 million to cover medical costs and care required due to mistakes made when their don was born. The five year old boy still suffers from seizures and is not able to walk unassisted. The boy will need medical treatment for his entire life because he suffered from brain damage.

Everything seemed fine when the delivery started explained the Manhattan Medical Malpractice Lawyer. However, according to medical reports and records at 9 AM concerns were raised about the heart rate meter dropping significantly. The heart rate of the baby was originally at 140 beats per minute, but fell as low as 60 beats per minute.

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In this case, the father of a brain damaged baby filed a medical malpractice lawsuit against the attending doctor. In the original trial, the court found the doctor guilty of malpractice and granted a motion to set aside the damage award of $1,500,000, because it was not enough. A new trial was ordered to set damages.

On appeal, the court held there was plenty of evidence to show that the on call attending doctor didn’t properly supervise the treatment offered by his residents during the birth of the baby in this case. They further held his malpractice was substantial and the proximate cause of the baby’s severe brain damage, explained the New York Medical Malpractice Lawyer Malpractice can take place anywhere like Brooklyn, New York and is likely to end in a similar award to the victim.

In handing down the court’s decision, the Supreme Court Appellate judges also fund that the damages awarded initially deviated substantially from what would be a reasonable damage award, in light of the extent of the baby’s brain damage. However, they also found that setting aside the verdict as a result of juror confusion and ambiguity was not the right thing to do.

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