New York City

Published on: July 19, 2012

Plaintiff-wife, together with her husband, has sued her prior physician

by Stephen Bilkis

Plaintiff-wife, together with her Westchester husband, has sued her prior physician for alleged malpractice for insertion in 1973 of a Majzlin Spring Intrauterine Device (hereafter known as IUD), a birth control device which was recalled at the medical level by the Federal Food and Drug Administration (F.D.A.), allegedly prior to the date of insertion. Plaintiff has also joined, as party defendants, both the developer and the distributor of the Majzlin Spring.

Plaintiffs’ allegations of medical malpractice are twofold: first, that the defendant was negligent in inserting the IUD originally (when it had already allegedly been recalled); and further, that he was negligent in later failing to inform the plaintiff-wife that the IUD had been recalled and should be removed.

Defendant physician moved to dismiss the action against him on the grounds that it is time-barred under the Statute of Limitations; that he inserted the IUD in November of 1972, prior to the recall by the F.D.A.; and that, regardless of when the device was inserted, the then three year Statute of Limitations has long since run in either event, since the alleged malpractice, if any, occurred at the time of insertion.

Published on: July 15, 2012

When a child is born with a severe birth defect

by Stephen Bilkis

When a child is born with a severe birth defect that is genetically based and could have been discovered through fetal testing, there can be civil remedies to assist the family in some situations. If the fetal testing has been performed and returned normal, but the child was born with genetic problems, then the parents of the child might have the basis for an action brought for wrongful life. In one case that was sent to the court of appeals for the state of New York on November 13, 1984, a child who was born with Down’s Syndrome filed a suit to recover damages from the hospital and doctors who were responsible for her mother’s prenatal care.

She contends that her mother ordered the amniocentesis test during her pregnancy to determine if she would have a fetus with any genetic abnormalities. The test results that were given to her mother said that her mother would have a normal, healthy, baby boy. However, her mother gave birth to a daughter with severe Down’s Syndrome. She contends that if her mother had been properly informed by the hospital that she was carrying a child with Down’s Syndrome that she would have had the child aborted. However, since the test results that were given to her mother were totally incorrect, her mother did not have an abortion and she was born.

She seeks monetary compensation to assist her with the extraordinary expenses that she will have in her lifetime for special care. The court in New York City reviewed her application and determined that an action for wrongful life is difficult to conclude. Wrongful life in a case such as this one, where an amniocentesis test was requested and performed, could indicate to a jury that the mother upon information that the child was genetically abnormal would have aborted the pregnancy. If her mother, or her father had filed a wrongful action within six months of her birth, it is likely that they would have been granted the motion to proceed. The option to abort a child that is not genetically normal is one that is recognized by the State of New York and was an option that was likely in this particular case. The fact that the wrong test results were presented to this child’s mother is obvious in that the baby born to this woman was neither a male nor free of genetic abnormalities. There was clearly fault that could be applied to the medical practitioners in this case if the parents of the child had filed the suit early in her life.

Published on: July 8, 2012

On 2 January 2008, the instant action was commenced

by Stephen Bilkis

On 2 January 2008, the instant action was commenced, when NYCCS filed abuse petitions against respondent-mother.

On 31 December 2007, respondent allegedly allowed the subject child (herein “subject child”) to sleep in her bed, touch her, kiss her on the mouth, insert his finger in her anus, insert his finger in her vagina, and have sexual intercourse with her to the point of ejaculation.

According to respondent, she did not stop the child because she could not believe that her son would do this to her, and she wanted to see how far he would go. The said incident was alleged to be in violation of Penal Law, sexual misconduct, rape in the third degree, rape in the second degree, and sexual abuse in the third degree. In addition, the petitions alleged that respondent failed to provide adequate care and supervision for the children by misusing alcoholic beverages to the extent that she loses control of her actions. Specifically, the petitions alleged that on 30 December 2007, she drank two Corona beers causing her to become intoxicated. In addition, the petitions alleged that the subject child woke up at 3:00 AM on 31 December 2007 in his mother’s bed smelling alcohol because she drank three quarters of a fifth of Johnnie Walker Red on the previous evening. Finally, the petitions alleged that respondent’s other two children are derivatively abused and neglected children by virtue of the abuse of the subject child.

Published on: April 15, 2012

A couple of Jewish and Eastern European descent sued an obstetrician-gynecologist

by Stephen Bilkis

A couple of Jewish and Eastern European descent sued an obstetrician-gynecologist for medical malpractice because their child was born with Tay-Sachs. Tay-Sachs is a hereditary disorder of the nervous system that is carried by those of Jewish Eastern European descent. It is the couple’s contention that the obstetrician-gynecologist while looking after and examining the wife during her pregnancy should have known that they were prime candidates to be carriers of the dread genetic disease. They insist that the obstetrician-gynecologist should have ordered them tested and their fetus screened for it. For had the couple known that they were carriers and that their baby had the gene responsible for the Tay-Sachs disease, they would have aborted the baby to prevent the extreme pain and suffering the child underwent. Their child was born on August 21, 1972 and died even before reaching age 2 on June 26, 1974.

The parents sued the obstetrician-gynecologist for damages for the personal injury consisting of emotional distress at their child’s suffering and her death; they also sued for the pain and anguish they felt at her untimely death. They also ask for compensation for their baby’s medical, hospital, nursing and funeral expenses.

The obstetrician-gynecologist moved for the dismissal of the case stating that the parents do not have any right to be compensated for the pain and suffering of their child.

Published on: March 12, 2012

Hospitals Increasingly Banning Cameras from Birthing Room

by Stephen Bilkis

The videoing of a child’s birth is a long standing tradition for many families. It’s been permitted for decades, but there is increasing debate in hospitals now about whether or not parents should be allowed to do so.   One mother filled photo albums with the births of her first three children, but during the birthof her fourth, her doctor at Baptist Desoto ordered all cameras out of the delivery room. She said the nurses told her that they don’t allow pictures.

She now laments the one missing photo album for her youngest child.   According to a doctor with the U.T. Medical Group, in the age of social media and cell phones, what happened to that mother could become the norm. “Now it becomes an issue on a daily basis, you know, people whipping out their phones besides even the regular video camera,” she said. Social media sites, with their naturally open sharing, are urging hospitals to rethink the recording of the delivery room process.   ”I think social media has brought a whole new dimension into the healthcare environment,” a representative of Baptist Memorial Hospital said. At Baptist’s 14 facilities in Tennessee, Mississippi, and Arkansas each hospital sets its own policy on cameras in the delivery room.   Currently, a hospital official says, they do not have a system wide video or picture taking policy for the delivery room, and there is no national policy, either.

At The MED, cameras are allowed, but if complications arise, they can be banned at a moment’s notice.   Why all the scrutiny, and why are hospitals seemingly acting harshly when it comes to preserving a beautiful moment? It is because childbirth videos regularly show up in medical malpractice suits, and studies show obstetricians are sued more often than any other specialty doctors. On attorney says, “Everybody knows that pictures speak for themselves.”  The mother in this story says that doctor’s disallowed her camera because she was a high risk patient. Subsequently, the first picture she has with her daughter was taken two hours after she was born.   Professional birth photographer Brandy Kemp hopes the advent of technology doesn’t force further restrictions. “It would be devastating to some families if they couldn’t record that actual event,” she said. Hospitals in New York City and Westchester are investigating this situation.

Published on: March 10, 2012

Hospital found Negligent in Brain Damage Birth Injury Case

by Stephen Bilkis

$5 million was awarded to a 30-year-old mother whose newborn’s birth injuries were the direct result of medical malpractice.

A doctor in New York City and another in Staten Island say that according to medical records submitted into court, the plaintiff’s medical history showed nothing to be concerned about. She progressed through her first pregnancy normally as was expected. However, the plaintiff soon found herself being admitted into the hospital in the stages of early labor with her cervix 2cm dilated and an external fetal monitor placed upon her abdomen.

Her midwife reported that approximately seven hours later, her fetal heart monitor started detecting a decline in the baby’s heart rate. The monitor was not showing a complete tracing of contractions, either.

Published on: February 24, 2012

£6.6m Birth Injury Settlement Awarded to Teen

by Stephen Bilkis

A teenager left severely brain damaged was awarded £6.6 million in damages last week.

The 18-year-old young man of Oxford was born at the city’s John Radcliffe Hospital in and was diagnosed with cerebral palsy and mental impairment. Thankfully, he has a near normal life expectancy and full awareness of his disabilities. He is able to compare his abilities with others and adjust his actions accordingly.

The Deputy Judge at London’s High Court heard that the teen was able to use most forms of assistive technology and was likely to be greatly helped by specialist equipment and care. He also heard that he would probably never be independent, would never enter the paid work force and would need assistance 24 hours a day for the rest of his life.

Published on: February 10, 2012

Birth Injury Results In $15.35 Million Settlement — Largest Ever Recorded In DeKalb County

by Stephen Bilkis

“A birth injuryfrom alleged institutional negligence results in a $15.35 million medical malpractice settlement — the largest ever recorded in DeKalb County,” a concerned doctor reveals.

It is common thought that each hospital has a responsibility for the safety of their patients. This particular malpractice settlement was obtained on behalf of a child who suffered a brain injury at birth.

On October 19, 2001, a 19-year-old female was admitted to Valley West Community Hospital for the delivery of her son. Her labor proceeded normally until one of the doctors chose to use a vacuum extractor device to assist in the delivery of the child.

Published on: January 23, 2012

Doctor’s Mistake Leaves a Boy Disabled

by Stephen Bilkis

When a doctor mistakenly allows a mother to go forward with a home birth, the child was left severely disabled. The doctor was proven to have failed in finding that the mother had developed gestational diabetes, a condition that often requires a caesarean delivery in a hospital at 36 weeks gestation.

Because of the mother’s condition, her son weighed a very large 11lb 8oz and became stuck during the normal delivery process. The boy went without oxygen for 20 minutes. Because the mother was at home, there was no specialist team or equipment to resuscitate the boy.

The family’s lawyer said, “If the condition had been identified, the mother would have been advised to give birth at a hospital, in an environment where all necessary support and equipment is available to deal with emergencies like hers which would have made all the difference.

Published on: January 7, 2012

Help for Depakote Birth Defect Victims

by Stephen Bilkis

Some anticonvulsant medications, like Depakote, are being linked to birth defects according to a doctor is citing recent studies.

Victims of these anticonvulsant birth defects will possibly need financial assistance to provide the life-long medical care necessary for children born with conditions like spina bifida, heart malformations, or physical cleft injuries.

Depakote is one of the most widely used anticonvulsant drugs on the market, prescribed to individuals suffering from epilepsy, migraine headaches and bipolar disorder. Unfortunately, several official reports from such prestigious health agencies as the New England Journal of Medicine and the Food and Drug Administration are beginning to report a connection between Depakote use and significant development of birth defects in infants exposed to the drug within the uterus.