New York Medical Malpractice Lawsuit Changes Venues

Jacky Gale | July 3rd, 2013

new york birth injury lawyers

After her child suffered significant and permanent birth injuries, a New York resident filed a medical malpractice complaint against Lutheran Medical Center and several healthcare professionals. The New York medical malpractice lawsuit was originally filed on August 9, 2011 in the Supreme Court of the State of New York. However, because Lutheran Medical Center operates with funds from the U.S. Department of Health and Human Services, the healthcare professionals of the hospital are considered to be federal employees. Therefore, the complaint was moved to federal court.

It is currently proceeding in the U.S. District Court for the Eastern District of New York, under Judge Raymond J. Dearie.

Lawsuit alleges negligent prenatal care

This New York medical malpractice lawsuit alleges that the healthcare professionals failed to provide adequate prenatal care and appropriate delivery of the minor child, which resulted in significant physical injuries and disability. The plaintiff went to Lutheran Medical Center to receive prenatal care. On March 3, 2005, she returned to the hospital to give birth.

According to the plaintiff’s New York birth injury lawyers, the attending medical staff failed to appropriately inform her of her child’s condition. The complaint further alleges the failure to fully inform the plaintiff as to her treatment options, including their potential risks and complications, and the failure to disclose alternative delivery methods to ensure the health of the minor child.
The complaint alleges that this New York mother would have chosen an alternative delivery method had she been fully informed of the risks to her daughter. Instead, the minor child suffered from permanent disability, significant nervous shock, emotional distress, significant physical pain, and Erb’s palsy.

The plaintiff claims that she herself has suffered from physical pain, medical expenses, and lost wages as a result of her daughter’s condition.

Erb’s palsy, also called a brachial plexus birth injury, is a potentially severe condition that affects the brachial plexus. The brachial plexus refers to a group of nerves that controls the movements and sensations of the fingers, hands, and arms. Children with this type of birth injury can suffer from the loss of sensation in a limb, weakness, and even paralysis in a limb. Children with Erb’s palsy are often unable to enjoy the same activities as other children.

New York birth injury lawyers seek compensation

Erb’s palsy can be the result of medical negligence. Patients who experience difficult deliveries, such as a breech presentation, require careful medical care. If the attending healthcare professionals fail to recommend a cesarean section for the baby’s sake, birth injuries can occur as the shoulders are injured or the head twists during delivery. When this occurs, the patient may be eligible to file a medical malpractice lawsuit.

The plaintiff in this New York medical malpractice lawsuit could obtain compensation for her medical expenses and the ongoing care requirements of her daughter. If you or a loved one has been injured as a result of possible medical negligence, contact the expert legal team of The Sanders Firm. We offer free consultations for all medical malpractice complaints. Call us today at 1-800-FAIR-PLAY to discuss your case.


  1. American Academy of Orthopaedic Surgeons, Erb’s Palsy, http://orthoinfo.aaos.org/topic.cfm?topic=a00077