Personal Injury, Wrongful Death and Medical Malpractice Attorneys
Personal Injury, Wrongful Death and Medical Malpractice Attorneys



Doctor’s choice to forego C-section was obstetric negligence

Some of the more troubling types of medical malpractice cases are the ones dealing with obstetric negligence. Obstetricians and medical professionals in the delivery room are responsible for the health of not one, but two patients. They are responsible for getting the mother through delivery safely. and for bringing a new baby into the world.
When mistakes are made in the delivery room, they can be devastating. Fragile newborns are very susceptible to injury, especially injuries that can cause lifelong disabilities and hardship.
Families who suffer a birth injury of a newborn should consult with a New York birth injury lawyer. These families may have to completely alter their future plans, and an attorney can help them figure out how to get through their new reality both emotionally and financially. A malpractice lawsuit against the party responsible for any injury can help offset the added costs of caring for a disabled child.
This possibility is all too real for one mother in the Northeast who just won a $4 million verdict against her obstetrician. The jury found that the doctor caused permanent injuries to mother and her newborn child through his negligence.
The young child is now 4-years-old, and she suffers from varying disabilities including mild cerebral palsy and neurological damage. These disabilities are the result of the doctor’s choice to continue with natural child birth and not perform a C-section. The baby became stuck during labor and was deprived of oxygen for over three minutes. The mother also now suffers from incontinence and cannot work because of the injury.
According to the woman’s attorney, the doctor ignored the signs pointing to a C-section, including the fact that the doctor knew this was a large baby. An ultrasound less than a week before the mom went into labor indicated that her baby weighed roughly 10 pounds. Although mom told the doctor she was worried about the weight, he said that it wasn’t an issue.
The doctor admits that there were complications but maintains that he treated both mother and daughter according to the accepted standard of care. But that determination was ultimately left up to the jury in this case and they decided that the doctor’s actions were negligent and awarded the mother one of the largest medical malpractice awards in that county in the last two years.


Jay W. Dankner

JAY W. DANKNER was born, raised and educated in Brooklyn, New York. After graduation from law school in 1973, he joined the firm of the legendary, Harry H, Lipsig, under whose tutelage he learned the intricacies of civil litigation and trials. He tried and won his first case against General Motors in a case involving a design defect within weeks after his admission. Thereafter, he focused his attention on the emerging and developing field of law known as products liability litigation.



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