In 2013, a Miami Gardens family was awarded $33.8 million in damages in a medical malpractice lawsuit against a doctor and a nurse whose actions led to their newborn baby boy suffering irreversible brain damage.
The incident occurred in the Jessie Trice Community Health Center when Marla Dixon, who was 19 years old at the time, was denied a Cesarean section by Dr. Ata Atogho and an assisting nurse despite her unborn child having a slowed heart rate. According to reports, Dr. Atogho did not acknowledge this slowed heart rate and left Dixon in order to conduct another delivery. Worse, he was seen speaking on his cellphone throughout the ordeal.
This series of events resulted in Dixon giving birth to a baby who wasn’t breathing, and though he was successfully revived, he had suffered significant brain damage due to the lack of oxygen at birth.
The tragedy of this case is that Dixon did not have a high-risk pregnancy and that the baby’s brain damage could have been entirely avoided had a Cesarean section been done in time. Now, the baby boy (6 years of age) only has a life expectancy of an additional 3 to 6 years, and he will require around the clock care for the rest of his life.
Upon the District Judge’s ruling, Marla Dixon was awarded $3.3 million, and the baby’s father was awarded $1.1 million for their pain and suffering. Additionally, the judge awarded another $21.7 million for the baby boy’s economic damages and $7.6 million for his pain and suffering.
A pregnancy-related injury or birth injury is a type of injury that you, as a mother, or your baby suffers before, during, or just after the birthing process. You will know if your pregnancy-related injury or birth injury is as a result of medical malpractice, as they only occur when a healthcare professional acts negligently and fails to uphold the standardized quality of care that is expected in their medical profession and within the medical community.
Generally, legal claims from pregnancy-related injury and birth injury cases seek monetary compensation for the resulting ongoing medical and therapeutic costs associated with the injury. Additionally, this compensation may take the pain and suffering of you, your child, and your family into account.
If you decide to file a medical malpractice lawsuit, then you must begin the process as quickly as possible, as there are certain laws and statutes of limitations that each state needs to adhere to.
Therefore if you live in NYC, you should make contact with a qualified medical malpractice lawyer who can guide you towards fulfilling the four legal elements that are required for your claim to be valid. Based on these elements, your NYC medical malpractice attorney will help you prove that:
If your NYC medical malpractice lawyer believes that your case is valid and has a good probability of success going to trial, then they will likely offer to represent you and guide you through the trial process as well.
If it is your belief that either you or your child may have experienced some form of pregnancy-related injury or birth-related medical malpractice, then please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today.
You can speak to one of our medical malpractice attorneys when you are ready to talk by calling 1-212-697-9280 for a free, confidential consultation.
Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."
The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.
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