New York physicians who deliver babies must take special precautions to ensure that the baby does not have any injuries or health problems. Even the slightest mistake can leave a newborn child with mental and physical disabilities that will last their entire lives. One Northeast family was recently awarded $55 million for the mistakes of a hospital and one of its doctors.
In 2009, the family’s newborn got stuck during the delivery and his mother required surgery to stop her hemorrhaging. The lawsuit claims that during the procedure the baby was deprived of oxygen and as a result of this he now has cerebral palsy and struggles developmentally. The family filed the lawsuit to ensure that their child would have long-term, high-quality care.
The lawsuit alleges that the baby should have been delivered by Caesarean section and that the doctor and hospital ignored signs that the baby was not getting enough oxygen. The jury agreed and found that the doctor and hospital were each 50 percent responsible for what happened to the child. The hospital, however, maintains that they provided the appropriate care to the child and that the baby’s disabilities were not caused by a lack of proper care.
Unfortunately, severe birth injuries can be caused by the labor and delivery process. Some of these birth injuries are caused by the negligence of a doctor or hospital. By filing a lawsuit against these professionals, families may recover damages to help pay for the medical treatment their child needs as a result of negligence.
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Family wins lawsuit against hospital
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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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