Medical Malpractice Law Firms New York

Bronx Lebanon Hospital and several of its doctors came under fire when a medical malpractice lawsuit was filed against them for causing brain damage to a mother and her baby during childbirth. The mother died six years later due to brain injuries, and the baby was institutionalized. Separate medical malpractice attorneys represented the mother and baby due to a family dispute. The lawyers eventually reached a settlement of $7 million for the mother and $8 million for the baby.

How the Tragic Event Happened

On Dec. 18, 2006, a mother was admitted to Bronx Lebanon Hospital when she was 30 weeks pregnant. It was a high-risk pregnancy due to high blood pressure (preeclampsia) for which the best practice is to deliver the baby as soon as possible. But the hospital delayed the treatment even when signs of fetal stress became apparent. Furthermore, the hospital delayed performing a "stat" c-section.

Many different doctors were treating the mother during her time at the hospital. When the c-section was finally started, the mother's anesthesia wore off prematurely. The anesthesiologist then tried to make an airway for the patient via intubation, but her abdomen started filling up with air, as testified by the surgeon. That indicated that the intubation had not been done correctly, and even the anesthesiologist failed to detect it on time. 

The patient coded twice and was subsequently left brain-damaged. The brain injuries caused the mother’s death in Sep. 2012. The baby was also left brain-damaged due to the delay in delivery.

The jury ordered the hospital and the anesthesiologist to pay the family for the mother’s pain and suffering for almost six years. She was allegedly in a vegetative state to which the defendants claimed that she had no awareness and could not have felt pain. But the plaintiffs were successful in proving that she was on pain medication and would grimace when touched.

The brain-damaged baby was also compensated for the loss of parental guidance, support, and nurturing. The mother also has two other children: an adopted child with neurological injuries and an adult child. 

The court ordered compensation for the adopted child for loss of parental guidance, support, and nurturing. The adult child got compensated for the loss of primary emotional support. The husband waived the damages for loss of consortium upon settlement.

The mother and baby were represented by separate lawyers because of a supposed dispute between the surviving husband (a convicted felon) and the mother's family. Thus the mother's sister represented her in court while the husband represented the child as the guardian.

The Legal Aspect

Events of medical malpractice are widespread in NYC. If you have fallen victim to medical negligence, you reserve the right to press charges against the responsible hospital and doctors. However, make sure to hire a medical malpractice attorney with extensive experience handling similar cases to file a strong medical malpractice lawsuit.

A reliable medical negligence lawyer will represent the victim in court so that those responsible for medical malpractice are held accountable and made to pay for their negligence - something that affects the lives of the victims and their families.

For a free review of your case, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online.


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