In September 2017, a Superior Court jury issued a $3 million dollar verdict against a Dover OB-GYN who was accused of causing permanent nerve damage and paralysis to a newborn’s right arm by forcefully pulling the baby out by his head during delivery.
Though the incident happened in 2008, the baby’s mother did not file a medical malpractice lawsuit until 2014 in New Castle County Superior Court, Delaware. According to court documents, Peter Wong - the OB-GYN involved in the delivery - pulled too hard on the baby’s head and neck while trying to dislodge the baby’s stuck shoulder. Monica Broughton, the child’s mother, stated that Peter Wong did not disclose the risks associated with the procedure to her beforehand.
During the trial, Peter Wong argued that he had not been medically negligent and that the baby’s injuries were as a result of the maternal forces of labor.
Each human shoulder has a network of 5 nerves. The injured baby, named Amari, suffered 2 of these 5 nerves being completely ripped in half during the delivery, and the other 3 were overstretched to the point of being non-functional. Now, 9-years old, Amari has had 2 subsequent surgeries to improve his arm’s mobility, however, some of his fingers twitch uncontrollably, and his right arm is 4 inches shorter than his left.
Interestingly, court records show that Peter Wong had previously been sued for medical malpractice in 2004 and that he was reprimanded and fined $1,000 in 2015 for prescribing too high a dose of abortion-inducing medication.
In the instance that your child has suffered a birth injury and you wish to pursue legal action, the first thing you need to do is contact a qualified NYC medical malpractice attorney. The primary reason for this is that medical malpractice cases are complicated, and any case that involves a child can be difficult to navigate. Your medical malpractice lawyer can explain the lawsuit process to you as well as what you can expect.
Legal claims from birth injury-related medical malpractice cases largely seek monetary compensation for the ongoing medical and therapeutic costs associated with your child’s injury because of the medical professional’s negligence. Sometimes, this compensation can also be awarded for emotional damages.
The state laws of NYC indicate that you need to file your medical malpractice allegations in a timely manner to comply with the statute of limitations. Your medical malpractice lawyer will be able to assist you with this, as they have the necessary skills and knowledge to ensure that the process is conducted correctly.
This process is governed by four legal elements that need to be proved for you to have a valid medical malpractice claim:
- You need to indicate that the medical practitioner had a professional and legal duty to provide care and/or treatment to your child
- You need to show that the medical practitioner was in breach of this duty by having failed to adhere to the quality standards of care of their profession
- You need to prove your child’s injury resulted from this breach in duty
- You need to prove that the resulting injury to your child is something which the legal system can provide redress
A successful medical malpractice lawsuit will hold negligent medical professionals accountable for their actions, as well as ease the financial and emotional burden on you as a parent.
If you believe that your child may have experienced some form of birth injury after reading this document, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today and speak to one of our medical malpractice attorneys.
When you are ready to talk, we are ready to listen. Call 1-866-516-5887 for a free, confidential consultation.