New York Mother Claims Malpractice

Elise Kramer | June 5th, 2013

Birth Injury LawsuitsA plaintiff who resides in Kings County, New York, is suing Brooklyn Hospital Center on behalf of herself and her minor child, alleging that medical staff employed at the center were reckless with the plaintiff’s care during her pregnancy and during the delivery process, and that their negligence caused the plaintiff’s daughter to suffer from a brachial plexus injury during birth. According to the lawsuit, this injury resoled in paralysis of the minor plaintiff’s right arm. The mother and child are seeking compensation for the injuries suffered during delivery and filed their lawsuit in the United States’ District Court for the Eastern District of New York.

Negligence resulted in serious injury

The plaintiff claims in her birth injury lawsuit that when her infant daughter was born, on the 22nd of February, 2010, she suffered bruises and injuries over her head and neck and suffered severe injuries such that she is likely to need rehabilitation and medical care for the foreseeable future, which comes at a significant cost–both financially and emotionally–to the plaintiff. The lawsuit claims that the medical staff at the defending hospital did not provide adequate medical care for the plaintiff and her infant daughter–the plaintiff says that the physicians didn’t consider administering a C-section to deliver the child, even though that would have been the safest possible option for both mother and child.

Because the plaintiff had a family history of gestational diabetes–which can lead to excessive growth of the fetus before he or she is born–the medical staff at Brooklyn Hospital Center should have known that she was at a greater risk for complications during birth and delivery, and as a result should have been prepared for these complications to take place. Instead, they neglected to conduct a sonogram before the child was born–which would have made a need for Caesarian delivery obvious, because of the child’s size. However, the child’s vaginal birth resulted in complications including shoulder dystocia which resulted in a brachial plexus injury.

Additionally, the lawsuit outlines the fact that the delivery room staff was negligent during the birthing process beyond their failure to provide the patient with a C-section: they allegedly used excessive force on the baby’s head and neck while she was being born, which resulted in serious and potentially permanent damage to the infant.

Birth injury lawyers helping plaintiff

The New York mother and many other plaintiffs whose children have been harmed by birth injuries have contacted birth injury lawyers in an effort to win compensation for the injuries they and their children have suffered as well as medical bills and other significant care costs. Birth injuries can cause permanent damage to a child and can result in a need for physical therapy and other medical treatment for a lifetime.