Articles Posted in Staten Island

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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 woman engaged the professional services of an obstetrician to give her prenatal care and to deliver her baby. On October 24, 2002, the woman was admitted to the emergency room because she was already in labor. The labor proceeded normally until the second stage of labor when the woman was instructed by her doctor to push the baby out and the mother had difficulty bearing down. The mother was not pushing hard enough so the doctor tried to suction the baby out. When this also failed, the doctor told the woman that her baby will have to be delivered via cesarean section but the woman refused.

The doctor then obtained the woman’s consent to deliver her baby using forceps. But before the forceps could be locked, the baby popped out. It had a faint heartbeat but it was eventually declared dead after 45 minutes of trying to revive the baby.

The woman then sued the obstetrician and the hospital in behalf of her infant. She filed a suit in damages for medical malpracticefor the personal injury sustained by her infant that died as a result of the negligence and fault of the obstetrician. She also sued for the wrongful death of the child. She also sued for her own personal injury and she sued for her own emotional distress.

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New approaches to preventing preterm birth and related complications were discussed at the American Congress of Obstetricians and Gynecologists (ACOG) 59th Annual Clinical Meeting. In particular, studies of cutting-edge technology that may lead to an approach for the prevention of cerebral palsy were highlighted.

“Preterm birth is one of the most challenging problems,” one of the doctors said, and a New York Birth Injury Lawyer reiterated that the “frequency of preterm birth in the United States has remained unchanged over the past 2 decades, remaining at 12% overall and 20% in underserved populations.”

Worldwide estimates, including ones in Westchester and Staten Island, indicate that 30 million preterm babies are born annually, with both short- and long-term complications. It was reported at the Congress that no single test can predict all preterm births, and no singular treatment or prevention strategy will eradicate preterm birth. There are, however, two factors that are very strongly associated with preterm birth. A short cervix (a cervix < 15 mm in length) increases the risk for preterm birth by 50%. Also, progesterone deficiency is implicated in both preterm birth and short cervix.

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$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.

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A suit filed by the family and legal counsel of a four-year-old boy was settled last week for €800,000. The boy’s right arm was paralyzed because of injuries incurred during his birth.

The Justice who approved the boy’s settlement said, “it was a perfectly fair and reasonable settlement.”

The boy, suing through his mother, filed against those who were found responsible for causing a severe birth injury that resulted in five spinal nerves being damaged. The consultant obstetrician based at Mount Carmel Hospital, on Braemor Rd, in Church town, Co Dublin, was found reasonably responsible.

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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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Studies see a wide range of cases that involve the most precious members of society who are harmed by the negligence of strangers – strangers who should know better and should be providing nothing but the absolute best of care.

A British mom is launching a legal fight against a hospital trust over worries that a traumatic birth left her son brain damaged. The 38-year-old mother believes that delays in her medical care during delivery at Warrington Hospital led to her son being born with cerebral palsy.

Now seven years old, he cannot walk, wash or dress himself, and has limited powers of speech. The child has to be fed by a tube and requires 24 hour care and supervision.

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A Lawyer from Leeds is urging the NHS to take measures to reduce the number of babies born and affected by trauma at birth. The firm representing the family of a five-year-old birth injury victim recently spoke out during National Birth Trauma Awareness Week.

The young girl suffered brain damage when she was born at St James’s Hospital. She now suffers from athetoid cerebral palsy, which has left her with no control over her arms or legs. She also struggles to eat, cannot sit up unsupported and has limited vocabulary. Though she is very bright and can operate her wheelchair and communication aids, her limitations necessitate 24-hour care.

A Leeds charity SNAPS provides hydrotherapy which seems to be helping the youngster. The child’s mother is a trustee of SNAPS.

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