Birth Injury Lawyer Blog 24/7

Published on: June 29, 2012

On 3 April 2008, a detective filed a misdemeanor complaint

by Stephen Bilkis

On 3 April 2008, a detective filed a misdemeanor complaint against defendant and charged her with Endangering the Welfare of a Child.

The detective or the deponent, in pertinent part, the factual portion of the complaint, alleged: deponent is informed by a doctor (the informant) of a hospital that, on or about 30 March 2008, at approximately 6:00 p.m., the defendant brought her 17-month old son at the hospital to be treated for a burn injury where defendant also stated that her 3-year old son was also burned with an iron at their residence; deponent is further informed by informant that he examined and observed a second degree burn, that was at least 2-3 days old, 6 inch long and 1 inch wide on the child’s left thigh, and that, defendant’s story of how the burn occurred is not consistent with the child’s injury; deponent is further informed by the informant that the above described actions caused the child to suffer substantial pain, to fear physical injury and to become alarmed and annoyed; deponent is further informed by defendant that the child’s date of birth is 19 October 2006.

The People did not answer ready for trial.

Published on: June 27, 2012

In 1980, a son was born to a couple in Clinton County, New York

by Stephen Bilkis

In 1980, a son was born to a couple in Clinton County, New York. The baby boy was born with a port wine stain on his face. A port wine stain is a reddish colored birthmark they are natural, and can occur anywhere on a child’s body. They are most often at the back of the neck or upper shoulders of babies. When they occur on the back of the neck or upper shoulders, they are often referred to as stork bites. These birth marks usually include an increase in vascular supply to that area.

In 1993, the parents of the child took him to see a plastic surgeon to inquire about the possibility of removing the birthmark. The doctor advised that he could remove the birthmark from the boy’s face with an instrument called an argon laser. The doctor did not tell the parents that there was the possibility of scarring from using the laser to remove the mark. The doctor was aware that children in the boy’s age group frequently experienced hypertrophic scarring as a side effect of argon laser removal of port wine stain birthmarks. The company that manufactured the machine placed a warning in their 1992 user’s manual about the risk of scarring. However, the hospital where the machine was located had not updated their manual for the machine. They still had a 1987 manual, which did not contain the warning about scarring children with port wine stains.

The doctor who performed the procedure stated that he was familiar with the risk and chose not to tell the parents. The court determined that the hospital and the company that manufactured the machine were both free from liability in this case. The hospital was relieved of liability because the plastic surgeon who performed the procedure had hospital privileges, but was not on staff at the hospital. The manufacturer of the machine was relieved of liability based on the fact that the updated user’s manual contained the warning about scarring.

Published on: June 25, 2012

Some cases that involve the abuse of children are unbelievable to those of us who have children

by Stephen Bilkis

Some cases that involve the abuse of children are unbelievable to those of us who have children. In one case, which occurred on July 31, 1997, a woman was asleep on the sofa in the living room of her apartment with her small son. Her live-in boyfriend, who was the father of the little boy went into the bedroom of the eight year old daughter of his girlfriend. The little girl shared her room with her four- year- old sister. The four-year-old was sleeping in the room in the only bed in the room.

The man went into the room of the two small girls and brutally raped the eight-year-old child while her little sister slept beside them. The eight-year-old rape victim left the bedroom and went to her mother in the living room. She was holding herself tightly and she was bleeding profusely from her vaginal region. Her mother took her into the bathroom and supervised her daughter taking a shower. The eight-year-old child was then wrapped in a towel by her mother who placed her on the bed in her room. Because the eight-year-old child was bleeding so severely, her mother put a sanitary pad on her.

Rather than taking her baby girl directly to the emergency room for treatment, the mother sat down with her boyfriend, the child’s rapist, and discussed the situation with him. He obviously did not want her to take the child to the emergency room because he did not want to be arrested for raping her. The child, who was suffering from severe pain, bled through several towels and the sanitary pad. She began to vomit. It was obvious to the couple at that point that they would have no choice but to take the eight-year-old rape victim to the hospital. Before leaving to take her to the hospital, the mother and her boyfriend devised a cover story to attempt to explain the injury to the girl. They decided to tell the emergency room staff that the child had been trying to get out of bed when she tripped over a chair and one of the legs penetrated her.

Published on: June 22, 2012

On November 29, 1983, a pregnant woman and her husband arrived at Herkimer Memorial Hospital

by Stephen Bilkis

On November 29, 1983, a pregnant woman and her husband arrived at Herkimer Memorial Hospital to deliver their new baby into the world. After being admitted to the hospital, the husband and wife were placed in a delivery room. The obstetrician arrived and ordered pain medication and labor induction medication to speed labor. All of the staff from the hospital, left the room at that time. Only the husband and wife were in the room when the baby began to come. The inexperienced husband tried to help his wife safely deliver their baby, but he did not know what needed to be done. Traumatized, he watched as his infant son was delivered into the world with the umbilical cord wrapped around his neck. The baby’s airway was cut off. He struggled to breathe without success. The father watched helplessly as his son suffered from lack of oxygen. When at last, the staff responded to his cries for help, the child was severely injured.

The little baby boy died of his birth injury the next day. The parents filed a medical malpractice suit to recover damages for wrongful death of their baby, by means of negligence and malpractice. The father also made a motion to the court for the court to grant him damages because of his severe mental and emotional distress from watching his baby son suffer.

The court contends that in order for a person to recover damages based on the death of another person, they must be able to show that there was an unreasonable risk of bodily injury or death to themselves. They must be able to show that they were within an area called the zone of danger. Since in this case, the father was not under the care of the doctors who were delivering the baby, and he was not injured in any fashion, he cannot show that there is any justification to the recovery of the damages. He admits that he was never in any danger and that he did not suffer any physical injuries during the entire process. The original trial court found that the father was not eligible to apply for damages under this statute. The Supreme Court agreed that the father had no right to receive monetary compensation for mental pain and anguish over watching his child suffer fatal injury in the delivery room. The third cause of action in regards to the defendant’s motion for summary judgment releasing them from liability in this action is granted and the father’s motion for monetary compensation must be dismissed.

Published on: June 18, 2012

On September 10, 1993, a mother brought her 56 day old baby girl to the emergency room at Saint

by Stephen Bilkis

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.

Published on: June 14, 2012

In February of 2006, an elderly woman was a resident of the Jewish Home and Infirmary of Rochester

by Stephen Bilkis

In February of 2006, an elderly woman was a resident of the Jewish Home and Infirmary of Rochester, New York, Inc. It is owned and operated by the Jewish Health Care System of Rochester, Inc. One day, the nursing staff failed to follow procedure as it concerned this woman. She required catheterization to urinate. However, on that date, no one arrived to insert the catheter. Feeling uncomfortable, the woman attempted to get out of her bed and go to the bathroom on her to catheterize herself. However, when she stood up, her bladder vacated itself on the floor. She slipped in the puddle and fell. She was injured and complained of pain from the fall. The staff performed a few diagnostic evaluations, but continued to keep her moving. The medical staff at the home encouraged the nurses to keep her attempting to walk and going to physical therapy.

The elderly woman continued to complain of pain. She was examined by the staff doctor on at least one occasion, however, he did not perform a neurological test. In fact, her fall was never noted in the doctor’s documentation. She continued to get worse and fell again on March 12, 2006 while the staff was trying to get her to walk again. On March 15th she was in such severe pain that the staff ordered a CT scan of her back. It was discovered that she had fractured the T7 vertebrae and the test also showed a compression deformity of T11. The doctor at the facility failed to have her transferred to the hospital for treatment and failed to follow any protocols for protection of the spinal cord to guard against spinal cord damage.

On March 18, 2006, the woman’s son in law came to visit her. He is a board certified physician in the state of New York. He performed a neurological evaluation and demanded that she be transferred to a hospital emergency room immediately. At the hospital, she was diagnosed with compression fractures of her thoracic spine area. She was also diagnosed with a spinal cord injury that caused her to be paralyzed from the waist down. She lost bladder and bowel control due to the injury and would spend the rest of her natural life in a wheel chair. Her family who live in Nassau and Suffolk filed a medical malpractice lawsuit against the doctor and the facility for failing to provide appropriate care.

Published on: June 11, 2012

A medical malpractice action was filed by a mother and her husband

by Stephen Bilkis

A medical malpractice action was filed by a mother and her husband against her physician and the hospital, where she was admitted for her delivery. The mother asserts that the physician left a foreign object specified as a surgical needle in her perineum during one of the suturing procedures. The mother gave birth on three occasions under the same hospital care, and after each delivery, a suturing procedure was performed. The mother seeks damages for physical pain and mental anguish. She also seeks damages for loss of services.

The mother states that her first delivery happened on the year of 1993 and she was presented to the hospital to deliver her first child. She was then handled by a physician and performed a right mediolateral episiotomy. The second delivery occurred after three years where she gave birth to her second child at the same hospital under the care of another physician and again obtained a mediolateral episiotomy. After a year, the mother gave birth to her third child. The physician who handled her second delivery induced labor but left the delivery room when his shift was over. The reliever doctor then delivered the child. The reliever doctor is the same doctor who handled her first delivery on her first child. After the delivery, the mother suffered a first degree laceration and was repaired by the reliever doctor.

According to the mother’s testimony, after the birth of her third child, she began to feel a throbbing, squeezing pain in her lower right pelvic area. Her pain was at level six as scaled from one to ten at one point at that time but was not constantly at that level. The pain never became lower than a four or a five. She further states that she can perform her normal daily activities, but used over-the-counter pain medication frequently. The mother also asserts that she had a separate and distinct pain during intercourse. She described the pain as very sharp, stabbing pain in the area surrounding her vagina. The pain was severe enough to limit her sexual activity with her husband from roughly four times a week to two times a month. The pain eventually became less severe.

Published on: June 8, 2012

A woman was pregnant for the third time

by Stephen Bilkis

A woman was pregnant for the third time. For her first two pregnancies, she was given prenatal care by the doctors of a medical clinic. She delivered her first two babies through vaginal delivery and at both times, an episiotomy was performed. An episiotomy is a cut made between the vagina and the anus to allow the baby’s head and shoulders to pass easily out of the birth canal. The surgical cut is made to prevent vaginal tearing which is more difficult to repair.

The woman’s third pregnancy progressed uneventfully. As she was in active labor, the doctor who attended her left the delivery room because his shift for the day was over. Another doctor from the same medical clinic attended her delivery. As the woman was being delivered of her child on July 22, 1997 her vagina suffered a laceration. The doctor who attended her surgically repaired the laceration.

After the delivery of her third child, the woman began experiencing a sharp throbbing pain in her pelvic area. She was able to perform her usual daily tasks and activities but she began using pain relievers. She also began experiencing painful sexual intercourse with her husband but the pain eventually became less severe.

Published on: June 6, 2012

A 34 year old woman was pregnant

by Stephen Bilkis

A 34 year old woman was pregnant. This was her third pregnancy, the first two had been terminated and this is the first time that she wanted to bring the pregnancy to term. She her last menstrual period in December 1999 and her estimated date of delivery was September 7, 2000.

The woman did not have an abnormal PAP smear; she has never had any surgery on her cervix but she did have a heart murmur, she has had two shoulder surgeries and two abortions and she has a uterine fibroid which caused heavy bleeding and cramping at least one year before becoming pregnant.

The reason why she came to the obstetrician was because she wanted to get pregnant but was having difficulty getting pregnant. The doctor saw a fibroid and told her that her fallopian tubes were occluded. The doctor advised her to have her tubes “blown out.”

Published on: May 14, 2012

A legal action was filed by a mother and his son

by Stephen Bilkis

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.