When a newborn suffers severe neurological injuries during childbirth, questions often arise as to whether those injuries could have been prevented through timely and appropriate medical intervention. In New York, parents must first satisfy specific procedural requirements before bringing suit against a public hospital, and if they fail to do so, they may be denied the right to seek damages. In some instances, though, courts will allow late claims to proceed where the hospital had prior knowledge of the alleged negligence and where no substantial prejudice can be shown, as demonstrated in a recent opinion issued in a New York birth injury case. If your child was harmed by negligent care at birth, you should speak with a Syracuse medical malpractice attorney about your legal rights.
Case Setting
It is reported that the plaintiff, a pregnant woman, received care at the defendant hospital in May 2011. During her treatment, it was discovered that she was in active labor and that the fetus was in a breech position. The attending physician recommended vaginal delivery rather than a cesarean section, and the mother consented to this plan.
It is alleged that following the delivery, the infant exhibited serious complications, including a hematoma on the back, low heart rate, weak respiratory effort, and poor body temperature regulation. The infant was admitted to the hospital’s neonatal intensive care unit, where she was diagnosed with a grade IV intraventricular hemorrhage and hydrocephalus. Over time, the child developed persistent seizures, cerebral palsy, and significant developmental delays. Continue Reading ›