Articles Posted in Queens

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On September 10, 1993, a mother brought her 56 day old baby girl to the emergency room at Saint Luke’s Hospital in New York for treatment. The hospital staff were horrified at what they discovered. The small baby had several broken bones. She had a spinal fracture of her of her right arm that was evidence of a severe twisting action with enough force to break both bones. She had eight broken ribs. Some of the ribs showed evidence that they had begun to heal. The staff determined that those breaks were about two weeks old. Some of the broken ribs were fresh, within days before being admitted to the hospital. Both of the infant’s large leg bones, the femurs were broken. Both of the small leg bones, the tibias were broken. Both of the baby’s ankles were broken. The baby had a fractured wrist, and her left arm was fractured at the ulna. The hospital staff notified social services and the police department.

The police officers and social service workers arrived at the hospital. The social services workers took custody of the infant and eventually placed her in kinship foster care. The police officers arrested both of the parents for child abuse and neglect. When questioned about what happened, the father advised the officers that the day before the mother took the baby to the hospital, he had been giving her a bath. She had begun to slip under the water and he grabbed her by the arm to prevent her from drowning. The mother stated that the day before she took the baby to the hospital, the father had approached her and told her that he was afraid that he had injured her while giving her a bath. Neither of the parents took the baby to the hospital to be checked out at that time. The mother waited until the following day to take the baby into the hospital to be checked out.

The parents contend that the child was not injured to the extent that the hospital records state. They claimed that they had two well-baby checkups performed at their doctor’s office which did not detect any broken bones or any other injuries. They claim that the hospital personnel are mistaken. They further made a motion to the court to have the criminal charges against them transferred over to family court for handling. Family court has the ability to have any case transferred to it that it feels would best be served by being handled in a civil fashion rather than a criminal one. The standards that are evaluated to determine if the case would best be served by transfer to family court are straightforward. The entire purpose of the family court is to protect and provide for the children. The court recognizes that some cases are not best served by being transferred to family court.

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A legal action was filed by a mother and his son who wants to recover damages for medical malpractice. The complainant’s demands an appeal from the order of the Supreme Court granting his opponent’s request of dismissing their complaint.

The incident started when the mother began receiving a prenatal care at the hospital which is owned and operated by the opponent on the legal matter. At 31 weeks of gestation, the mother was admitted to the said hospital in Queens for signs of preterm labor. During the admission, the mother’s blood glucose level was measured at 26 mg/dL, an abnormally low level, but was consequently measured at a normal level. The mother was then discharged after two days. At 34 weeks of gestation, the mother experienced a grand mal seizure and was brought again to the said institution by the emergency medical services personnel. However, after the same sort of assessment the mother was discharged. According to the past medical history of the mother, she had seizures during her childhood.

A month after the said seizure, the mother gave birth to a baby boy through a normal delivery. The baby boy got an excellent score from the test given to newborns and initially appeared normal. However, when the baby boy reached his 40 minutes in life, the baby began experiencing tremors and was admitted to the neonatal intensive care unit.

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A mother and her baby have pleaded a separate cause of action. The accused hospital moves to dismiss the infant’s cause of action, brought by her maternal grandfather as Guardian appointed by an order of the Court.

It is claimed that the hospital’s negligence, failure to provide adequate care and supervision, failure to protect and safeguard her health and physical body from harm from others while the mother was in the custody of the hospital resulted in the infant’s conception and being born out of wedlock to a mentally deficient mother. Furthermore, it is said that the infant was deprived of property rights, normal childhood, home life, proper parental care, support and rearing has caused her to bear the stigma of illegitimacy and has otherwise been greatly injured and such injuries are represented in plead sum of $100,000.

The hospital does not assail the mother’s cause of action wherein her Guardian seeks $50,000 for the claimed carnal assault of the mother while a patient at the said hospital, resulting in the pregnancy and birth allegedly due to the State Hospital’s insufficient care and supervision of said mentally ill patient. The legal posture is not inconsistent with the instant motion. In effect, the State Hospital says that if proven, there is a recognized cause of action in favor of the mother but regardless of proof the infant has no cause of action such as pleaded. The hospital emphasizes that the claimed cause of action of the infant has never been successfully pleaded in any other case although there have been trials of a mother’s cause of action.

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A medical malpractice action has been filed by the plaintiffs, individually as parents and natural guardians of an infant, where they seek to recover, inter alia, damages that the infant plaintiff suffered at birth (birth injury or birth injury accident) as a result of the defendants’ alleged negligence.

On 28 May 2010, the court granted the defendants’ summary judgment motion dismissing the complaint against them, finding that although the plaintiffs established that there were in fact issues of fact as to whether the defendants had committed medical malpractice, the plaintiffs failed to demonstrate the existence of a material issue of fact with respect to whether the defendants’ alleged negligence caused the infant plaintiff’s injuries.

Hence, the plaintiffs seek reargument of this court’s decision insofar as the complaint was dismissed as against eight (8) of the defendants.

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After mistakes made by the medical professionals attending his birth, a child left seriously injured has been awarded £4.6 million in compensation, a hospital reports.

Born at Queen Elizabeth Hospital in King’s Lynn in June of 2004, the boy suffered severe injuries at the hands of his mother’s birthing medical personnel. A nurse says that during the delivery, medical staffers misread the boy’s mother’s heartbeat for his, and because to this, they did not notice that he had an abnormal heartbeat. This misunderstanding led to delays in his delivery. The delay resulted in the fetus’s heart beat stopping. Suffering oxygen starvation to the brain, led to serious brain injury.

The plaintiff’s lawyers expertly argued that had his birth been just ten minutes sooner, he would have escaped injury. But now, he suffers from cerebral palsy, learning difficulties, and is wheelchair dependent. He will suffer with these ailments and dependencies the rest of his life. The responsibility for failing to read the measurements properly lied solely with the personnel, doctors and nurses.

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An eight-year-old girl who suffers from quadriplegic cerebral palsy was born at St James’s University Hospital in Leeds, West Yorkshire. Her cerebral palsy was found to be caused by injuries she sustained at birth.

In fact, London’s High Court found that her injury arose out of “clinical negligence” by Leeds Teaching Hospitals NHS Trust. The trust apologized for the “deficiencies in the care provided” at the girl’s birth.

A representative said that the settlement will not only improve the girl’s life but will also ensure her future and enable the child’s parents to also enjoy life with their daughter.

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An $18.2 million settlement was awarded to a Wisconsin woman by the Federal government who funded the former Sinai-Samaritan Hospital in Milwaukee. The hospital was found negligent in the birth injury case. The plaintiff alleged that the child’s birth injury was due to the “horrific care” that she received from the hospital which led her daughter to suffer permanent and severe brain damage.

According to a source, the plaintiff claimed that when she went to the former Sinai-Samaritan Hospital to deliver her baby, the hospital staff failed to asses her risk of complications. She was also not referred to a specialist despite the fact that she had been diagnosed with gestational diabetes and had a documented history of delivering above average weight babies.

Instead, she was allegedly attended by a family practice and midwives. Her legal team insisted that had her pre-registration notes been more closely read, she may have received the proper medical attention that she needed, and her baby may have avoided a birth injury.

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An 8-month-old Iraqi infant, who had suffered nerve damage during birth, is expected to recover some kind of movement in his right hand after a successful surgery in Houston last week. The surgery lasted two hours and according to the doctor, “It went really well.”

The operating surgeon specializes in treating children with brachial-plexus injuries like this baby. Brachial-plexus injuries, also known as Erb’s Palsy, commonly happen during birth and are referred to as shoulder dystocia.

After discovering that the child’s nerves had been pulled out of the spinal cord, a nerve bypass operation was performed. Hospitals in Queens and Staten Island deal with these problems all the time.

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A New Jersey jury found a doctor was negligent in the case of a birth injury resulting in the infant’s development of cerebral palsy.

The family of the plaintiff alleged that if the emergency room doctor had not waited as long as he did to perform an emergency Cesarean section, their son would not have suffered the brain damage that caused his disability. According to testimony given by medical experts in Queens and Staten Island, the family’s allegations were true. They stated that had the doctor delivered the baby eight minutes earlier, he would have had the opportunity to live a normal and healthy life.

Cerebral palsy is a condition where muscles suffer from impaired coordination, also known as spastic paralysis. Other disabilities accompany the condition.

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Following a four-year legal battle, the largest sum paid out for a birth injury case in Queensland will be awarded to a six-year-old boy. The settlement surpasses other recent large settlements, pleasing the family.

The parents of the six-year-old lodged the claim in Brisbane’s Supreme Court in 2007 for personal injuries and consequential loss as a result of negligence by Dr Robert Watson and HCoA Operations (Australia) Pty Ltd. The parents proceeded with legal action after what they claimed were complications during his birth.

The child was born via an emergency, lower-section, caesarean section. Earlier that day, the mother had visited the hospital after having high blood pressure but was discharged that afternoon. She was induced and told to return to the hospital if her condition worsened; she returned hours later. 15 minutes after she arrived, the doctor examined her and determined he would perform the emergency, lower caesarean section.

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