A woman whose baby developed cerebral palsy has, with the aid of a New York medical malpractice lawyer, been able to establish that the failure by her physician to perform certain tests during pregnancy was a substantial factor in contributing to the infant’s condition. The woman, while pregnant, was admitted to the hospital; at the time of her admission, she was suffering from chorioamnionitis, gestational diabetes, and sepsis. The infant subsequently contracted sepsis during delivery, and the contraction of sepsis was a major contributing in the development of the cerebral palsy.
When the woman was first admitted to the hospital, her physician failed to administer either a Gram’s stain test or an amniotic glucose test. Said a New York Medical Malpractice Lawyer “had the two tests been administered, both the chorioamnionitis and the gestational diabetes would have been diagnosed.” Had the conditions been diagnosed, the delivery could have been advanced. An earlier delivery, even as little as 24 hours earlier, would have prevented the infant from contracting sepsis.
In ultimately ruling in favor of the woman and her baby, the court first reviewed the law, stressing that a plaintiff (the woman in this case) must establish that a doctor’s actions deviated from accepted medical practice and that the deviation was the cause of the injury, that the plaintiff usually presents expert testimony on the doctor’s deviation from the requisite standard of care in order to satisfy this requirement, and that to establish cause the plaintiff must present “sufficient evidence from which a reasonable person might conclude that it was more probably than not” that the doctor’s deviation was a substantial factor in causing the injury to the infant. The court then stated that, because the woman presented evidence from which the jury could infer that the doctor’s conduct diminished the baby’s chances for a better outcome or increased the injury, she had met her burden.
If you or a loved one believes that the failure of a physician to administer a test caused a medical injury, a New York medical malpractice lawyer may be able to help you.
The firm of Stephen Bilkis & Associates and its New York Medical Malpractice Lawyers with convenient locations in the New York Metropolitan Area, including City Island, NY, 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.