Hospital Negligence Subject of Malpractice Lawsuit

Jacky Gale | January 29th, 2013

Medical Malpractice

On November 18, 2012,  an Illinois woman filed a medical malpractice lawsuit on behalf of her minor daughter. The case is proceeding in the Circuit Court in Cook County, Illinois before the Honorable Eileen M. Brewer. The John H. Stroger, Jr. Hospital of Cook County is named as the defendant, along with Dr. Cox-Batson.

According to the complaint, the defendants failed to properly assess the condition of the mother and child, and did not act promptly to treat early signs of fetal distress. The defendants are also accused of failing to prevent birth injuries that have caused permanent, life-altering complications for the minor child.

Birth injuries can include Erb’s palsy

Fetal distress can quickly lead to complications if it is not identified and treated in a timely manner. Many children suffer from Erb’s palsy, a nerve injury, as a result of medical mistakes during the delivery. Other children, such as the child of the plaintiff, develop cognitive deficits, seizures, cerebral palsy, and other neurological injuries.

According to court documents, the plaintiff was admitted to the hospital on May 3, 1999. A vaginal exam was performed and an external fetal heart monitor was put in place. The plaintiff also gave permission for a C-section, should the need arise. However, the labor was prolonged, and the birth of the baby was delayed until the next day. The complaint alleges that the medical staff should have performed a C-section to prevent injury to the mother and child. Fetal distress often arises as a result of prolonged labor.

Hospital negligence in New York and other states

The careless mistakes of hospital staff can have dire consequences on a patient, and few errors are as devastating as injuries to a newborn. The minor child of the plaintiff will require lifelong care and treatment because of her seizures and developmental delays. Birth injuries resulting from hospital negligence quite often indicate long-term therapies, including occupational, physical, and speech therapy, as well as expensive medical equipment and special schooling.

Doctors and hospitals can be held accountable for a range of negligent acts. They may fail to recognize a medical condition in a timely manner, which causes the delay of critical medical care. They may be negligent in properly monitoring the patient and fetus, and quite often, they may fail to perform a C-section in a timely manner. Hospitals may also be held liable for failing to implement protocols that ensure patient safety.

A New York birth injury lawyer can help

Although no settlement or jury award can fully rectify the mistakes made by inexperienced or negligent hospital staff, damages from a medical malpractice claim can help children receive the care they require. If your child has suffered harm caused by medical mistakes, contact a New York birth injury lawyer to determine your options for seeking legal recourse.

The attorneys at the Sanders Firm serve residents of Manhattan, Queens, Bronx, Staten Island, Long Island and Brooklyn. We are dedicated to helping you obtain compensation for medical expenses and more. Please call our law offices today to schedule a free consultation. 1-800-Fair-Play ( 800-324-7752).

  1. Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective.  http://www.ncbi.nlm.nih.gov/pmc/articles

  2. Potentially Avoidable Injuries to Mothers and Newborns During Childbirth, 2006. http://www.hcup-us.ahrq.gov/reports/statbriefs/sb74.jsp