In late October 2017, a New York medical malpractice jury returned its verdict in excess of $26 million in favor of the now seven-year-old plaintiff who suffered severe physical injuries, including deafness, and emotional injuries due to the alleged medical negligence of the defendant hospital where her mother was improperly treated when she sought treatment for difficulties she was experiencing early in her pregnancy. The plaintiff’s twin sister did not survive as a result of the medical negligence.
The plaintiff’s mother was pregnant with twins when she experienced symptoms of pre-term labor in February 2010. The mother visited the defendant hospital’s labor and delivery triage unit twice on February 9, 2010, when she was 21 weeks pregnant, with complaints of painful cramping and a discharge that was brownish in color and was turning pinkish that was suggestive of bleeding. According to the New York medical malpractice lawsuit, the pregnant woman was not seen by an attending physician but rather by a resident who discharged her to home without prescribing hormones to suppress premature labor and without prescribing strict bed rest.
The woman delivered premature twins later in February 2010. The plaintiff’s sister died one month after delivery, due to complications from premature birth. The plaintiff suffered serious consequences due to her premature birth, including deafness and vocal cord paralysis. Hearing aides are ineffective and the child communicates using sign language.
The New York medical malpractice trial lasted one month. The plaintiff’s medical expert testified that the mother should have been admitted to the defendant hospital on February 9, 2010 to monitor her cervical length, and that it was a breach of the standard of care not to do so. The New York medical malpractice jury was told that had the woman been admitted on February 9, 2010 and had her cervical length been checked and treated at that time, she would have been provided tocolytics to treat her preterm labor and that bed rest could have lessened the risks of preterm delivery.
The defense medical experts reportedly conceded that the recommendations of the plaintiff’s medical expert would have been effective in treating the woman’s cervix before it shortened too much.
The New York medical malpractice jury deliberated for eight hours before it returned its verdict for the plaintiff in excess of $26 million for her past pain and suffering and her future pain and suffering. The New York medical malpractice jury also awarded $500,000 for the wrongful death of the plaintiff’s twin sister, who died on the 28th day after her birth.
If you or your baby suffered an injury during pregnancy, labor, and/or delivery in New York or in another U.S. state, you should promptly find a New York birth injury lawyer, or a birth injury lawyer in your state, who may investigate your birth injury claim for you and represent you and your child in a birth injury medical malpractice case, if appropriate.
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