New York Birth Injury Lawsuit Alleges Malpractice

Staff Writer | October 14th, 2013

New York birth injury lawsuitOne of the newest NY birth injury malpractice cases was transferred from state court to the federal court for the Eastern District of New York this summer, since some of the defendants had received federal grant money and were acting as federal employees, according to court documents.

The plaintiff, a female resident of the County of Queens, brought a New York birth injury lawsuit against the hospital and doctors involved in the February 2012 birth of her infant son, alleging that they provided negligent care that resulted in her son suffering respiratory distress syndrome, brain damage, and other permanent physical injuries.  The plaintiff is seeking compensation for damages including the costs of medical expenses, and the loss of the future care, companionship and services her son could have provided her, had he not been injured at the hands of allegedly negligent doctors and hospital staff.

New York birth injury lawsuit allegations

The complaint included a lengthy list of allegations – 37, in fact- against the doctors, medical personnel, Greater Hudson Valley Family Health Center – the physicians’ office – and St. Luke’s Cornwall Hospital. The plaintiff alleges that the defendants failed to determine that she was in preterm labor and improperly discharged her from the hospital while she was in preterm labor. The lawsuit further states that the defendants failed to adequately monitor the pregnancy with a pelvic exam or sonogram, and failed to understand the mother’s past medical history and status as a patient with a high-risk pregnancy.

She also alleges that the defendants failed to determine whether she was dilated, failed to perform necessary ultrasounds of the cervix to identify any “funneling” present, and failed to provide the plaintiff with medications that could have promoted quicker fetal maturation of the lungs and blood vessels, or delayed labor by extending the pregnancy. The complaint argues that the defendants failed to perform contraction stress tests or non-stress fetal tests to track and measure the fetus’ movements and conditions.

The defendants are also accused of failing to provide a “safe and sterile” place for the plaintiff to deliver her child and failing to administer the steroids and medications available to prevent respiratory distress syndrome. As a result of this alleged negligence, the attending medical staff permitted the plaintiff to engage in “contraindicated and dangerous” activities in light of her condition.

According to the complaint, the defendant’s failed to “understand the clinical analysis, laboratory analysis, history, physical examination, complaints, pains, signs, and/or symptoms so that a proper diagnosis could be made and/or a proper course of treatment given,” and that this failure to use best judgment and reasonable care did not conform to the accepted standards of care and skill required of medical professionals, and thus amounted the negligence and medical malpractice.

Baby diagnosed with permanent brain damage

The plaintiff’s infant son reportedly suffers with and will continue to suffer from the brain damage and other injuries that occurred prior to and at the time of his birth, including being “sick, sore, lame, bruised, injured and wounded about the various parts of his head, neck, body and limbs, both internally and externally, including various organs, functions of his body, and including surrounding muscles, tissues, arteries, veins, blood vessels, cells and other parts,” and that he also suffered psychic injuries, mental anguish and agony.

NY birth injury malpractice attorney

If you believe someone you love has been the victim of birth injury malpractice, it is important to contact a lawyer as soon as possible to determine if you are eligible to file suit. Birth injury lawsuits are time sensitive and subject to a statute of limitations, so in order to preserve your rights and discuss options with a medical malpractice attorney, contact The Sanders Firm right away for a complimentary case evaluation. Our veteran team of attorneys can answer all your questions and help you outline your best course of action for securing compensation. Call toll-free 1.800.FAIR.PLAY.


  1. WebMD - Brain Damage http://www.webmd.com/brain/brain-damage-symptoms-causes-treatments

  2. News Medical - Brain damage at birth can be reversed http://www.news-medical.net/news/2004/05/06/1307.aspx