The National Maternity Hospital is set to appeal to the Supreme Court concerning a finding that the hospital is liable for severe and permanent brain injuries suffered by a young boy because of its “substandard and negligent” management of his birth.
The young wheelchair-bound boy sued the NMH for injuries sustained during his birth. The judge found that had he been born just a half-hour earlier, he would not have suffered the irreversible brain damage.
According to a New York Birth Injury Lawyerthe decision to appeal means the boy, who is now six, will have to wait at least another two years before he knows if he can collect on any damages from the hospital. His case is the longest birth injury case on record; the hearing began in March of 2007, and ran for 54 days, with judgment given just last week.
The next phase of the case involves an assessment of damages that should be paid to the child and his family. The child’s lawyers naturally want the assessment heard as soon as possible, so their client can move forward with bill payment and obtaining needs, but the hospital applied yesterday for the assessment hearing to be deferred, pending the appeal outcome.
Legal counsel for the hospital said they wanted to “make clear” that the appeal was not a tactic being used to stall payment, but was being brought up because the hospital truly believes there are good grounds on which to challenge the finding of liability.
The Justice said that the extraordinary pressure on the Supreme Court list is likely to require a two to three years wait before the appeal is even heard. Hospitals in Nassau and Suffolk Counties are watching this case carefully with great interest in the outcome.
The Justice told the hospital’s legal team that a deferral of the damage assessment hearing could lead to even longer delays in the determination of the final case, which would not cause any injustice to the hospital but would be “scandalously unjust” to Paul.
New York Birth Injury Law Offices, who are following the case, said that the boy’s counsel was pushing for the damages hearing on behalf of the child who has severe brain damage and a reduced lifespan.
When you need such dedicated legal advice and the tenacity of spirit to go through a long legal battle with those who refuse to admit negligence, look for a New York City Birth Injury Attorney. No one can match their fortitude and the heart they put into every case. The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in N York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.