$I Billion for Injured New Yorkers
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
Rosenberg, Minc, Falkoff & Wolff, LLP - New York Medical Malpractice Lawyers
Experienced & Trusted Medical Malpractice Lawyers
Call today for a Free Consultation
1-866-516-5887
Header

New York City Medical Malpractice Law Blog

New York-Presbyterian Hospital Fails to Diagnose Rare Chromosomal Defect

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Hospital Negligence on Monday, December 16, 2019.

In 2002, Megan Leston gave birth to a baby boy at New York-Presbyterian Hospital. Unfortunately, her baby was born with a debilitating birth defect known as Cri Du Chat Syndrome that went undiscovered throughout her pregnancy due to the medical malpractice of Dr. Allison Boester.

Upon investigation, it was discovered that Dr. Boester departed from the standard of care expected from the medical profession by:

  • Failing to appreciate that Leston’s pregnancy-associated plasma protein-A (PAPP-A) level, which is measured at the first-trimester screening, was low at the 5% percentile and was indicative of a possible chromosomal defect

 

  • Failing to perform invasive genetic testing which would have revealed that the fetus was afflicted with Cri Du Chat syndrome and which would have prompted an informed decision to be made in terms of terminating the pregnancy

 

  • Failing to perform sonograms after Leston’s 32nd week of pregnancy to monitor fetal intrauterine growth and rule out fetal intrauterine growth restriction

It is clear from these findings that Dr. Boester breached her duties as a medical professional, which resulted in Leston and her husband suffering high financial and emotional costs in raising their child.

In 2003, Leston’s child was hospitalized at New York-Presbyterian Hospital and suffered injuries that allegedly resulted from negligence – though the details of this negligence have not been released. Sadly, the boy was never able to leave the hospital and remained hospitalized for 6 years until his death in 2010.

Legal Matters

Megan Leston and her husband filed a medical malpractice lawsuit against New York-Presbyterian Hospital and Dr. Allison Boester, stating that she failed to diagnose their son’s congenital birth defect in-utero which took away their ability to make an informed decision regarding whether they would like to terminate the pregnancy or not.

Cri Du Chat Syndrome is a rare genetic disease that causes intellectual disability, delayed development, and weak physical features. Due to the level of disability that Cri Du Chat Syndrome causes, extensive lifelong therapy such as physical therapy and speech therapy are required, which is costly. Leston and her husband opened their medical malpractice lawsuit while their son was still alive to receive monetary compensation for his care. They continued with the lawsuit after his death to receive compensation for emotional damages that the ordeal had on them.

Because this case is a mix of medical malpractice and birth injury, it highlights the importance of consulting with an NYC medical malpractice lawyer if you want to file a medical malpractice lawsuit. This is because the law and statute of limitations differ between states, and you will need the assistance of a qualified NYC medical malpractice attorney should you live in NYC and wish to have the best possible chance of winning your lawsuit and receiving monetary compensation.

Contact

Please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC if you believe that you have experienced a failure to diagnose or have been a victim of a birth injury

Call 1-866-516-5887 today and speak to one of our medical malpractice attorneys for a free, confidential consultation.

LEARN ABOUT MEDICAL MALPRACTICE CASES IN NYC

Medical Malpractice Videos Learn about Medical Malpractice Cases in NYC https://i9.ytimg.com/vi/i7YL-XbQNJA/mq3.jpg?sqp=COyD0-4F&rs=AOn4CLDXKqm_L4FxwW8jCIOpj40VjCXAyw 2015-12-23

LISTEN TO OUR CLIENTS

Client Testimonial Videos Listen to our clients https://i9.ytimg.com/vi/W9mO58JwuLw/mq2.jpg?sqp=CKSJ0-4F&rs=AOn4CLDRoOJVLlVXvEYxifWLutrtVWHmew 2015-12-23

CASE OF THE MONTH

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

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.

MED MAL BLOG

RMFW ON TWITTER

EXPERIENCED & TRUSTED MEDICAL MALPRACTICE LAWYERS

  • Top Lawyers 2016
  • Litigator Awards
  • Verdicts and Settlement Hall of Fame
  • BBB Accredited Business | A+
  • Avvo Rating 10.0 Superb | Top Attorney Medical Malpractice
  • Rated By Super Lawyers | Daniel C. Minc | 5 years
Call 1-866-516-5887 or email us to set up your free, confidential consultation.
Our experience can make a difference for you.

Rosenberg, Minc, Falkoff & Wolff, LLP.

Call today to schedule a consultation 1-866-516-5887

Office Locations:

16 Court Street
|
Brooklyn, NY 11241|

Brooklyn Law Office

3101 Broadway
|
Astoria, NY 11106|

Astoria Law Office

8900 Sutphin Blvd
Suite 501
|
Queens, NY 11435|

Queens Law Office

9201 4th Ave
|
Brooklyn, NY 11209|

Brooklyn Law Office

Firm News

Robert H. Wolff Named President
Firm Attorney, Robert H. Wolff is now the president of the New York City Bronx County Bar Association
About This Attorney