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Malpractice Attorneys
Queens, New York
Birth Injury
This is an example of a medical malpractice case that our medical malpractice lawyers successfully handled for a Queens mother and her infant son.
This case involves the preterm birth of a baby at about 30 weeks gestation. On April 9 the mother presents to Queens #1 Hospital in preterm labor. She is admitted, for one week, stabilized and released on April 16.
On April 23, she has a prenatal visit and the doctors fail to admit her to the hospital. (The first error of medical malpractice.)
On April 26, she returns to the emergency room at Queens #1 Hospital with a bloody discharge and decreased fetal movement. She is examined by the house physician at 4 p.m. and is noted to be 3 to 4 cm dilated, minus three station, 50% effaced. There is blood in the urine and traces of ketones. She was given terbutaline .25 mgs subcutaneous. The house physician diagnosed her as preterm labor, with increased pain and decreased fetal movement and discussed her case with the attending physician. She is discharged home, despite the fact that contractions are still continuing on the fetal heart monitor strips and are not reassuring that labor has stopped. (The second error of medical malpractice.)
On April 27, she is taken by ambulance to the emergency room at Queens #2 Hospital, where she delivers her baby approximately 3 1/2 hours later. He suffers a grade 2 hemorrhage of the brain on the right side and a grade 4 hemorrhage on the left side due to prematurity. After the birth, he is immediately transferred to Nassau #1 Hospital, where he remains until July 18.
He is diagnosed with cerebral palsy and right-sided problems due to the grade 4 intraventricular hemorrhage of the brain.
At that time, the mother was 22 years old and had a history of two prior miscarriages. During the April 26 hospital visit, the mother was examined by a house physician. She allegedly discussed the patient with the attending physician and discharged her from the hospital. The discharge was improper and this discussion with the house physician is disputed by the attending physician. The house physician required supervision for this patient's care and treatment. According to the house physician she did not have the authority to discharge patients without approval from the attending physician. (The third error of medical malpractice.) The house physician improperly read the fetal heart strips. (The fourth error of medical malpractice.) Both the hospital and the attending doctor failed to properly supervise the house physician. (The fifth error of medical malpractice.) There was a failure to classify her as a high-risk obstetric patient by virtue of her history of two prior miscarriages and a prior admission for preterm labor. (The sixth error of medical malpractice.) Appropriate precautions were not taken for preterm labor including bed rest and restricted activities. Furthermore, the mother was not given appropriate instructions on being discharged for a preterm labor patient. (The seventh error of medical malpractice.)
The failure of the defendants to recognize preterm labor or confirm that the patient was not in labor and admit the patient to the hospital led to her being untimely discharged. The failure to properly admit and timely administer lung maturity agents and labor inhibiting agents resulted in the infant plaintiff being born prematurely.
The baby boy was born at Queens #2 Hospital on April 27 at 26 weeks of gestation. His heart rate was noted to be below 80 with no spontaneous respirations. He was floppy. Apgar scores were 4 at 1 minute and 6 at 5 minutes. He required intubation and was placed on a ventilator. Umbilical artery and vein lines were placed. The diagnosis was possible sepsis and respiratory distress syndrome. He was transferred to Nassau #1 Hospital at 2 1/2 hours of life.
The baby was seen by a variety of medical specialities including cardiovascular, hematology, neonatology, social services, cardiology and nutritional doctors. He was noted to have hyperbilirubinemia and anemia requiring phototherapy and transfusions. He was extubated on May 1. An ultrasound of his head on May 2 revealed a grade 4 left germinal matrix hemorrhage of the brain and grade 2 right intraventricular hemorrhage of the brain. He had episodes of oxygen desaturation and bradycardia requiring re-intubation. A blood culture became positive for yeast-like cells yielding a diagnosis of fungemia. An ultrasound of the head on May 22 revealed a persistent left-sided grade 4 hemorrhage with new porencephalic changes in the brain. A nephrosonogram on the same date revealed the left-sided hydronephrosis. The baby was having persistent positive blood cultures for fungus. He continued to bleed in the brain secondary to thrombocytopenia requiring platelet transfusions. The baby was once again extubated on May 30. An ultrasound of his head on June 6 revealed a left grade 4 intraparenchymal hemorrhage with evidence of the new intraventricular hemorrhage and associated ventriculomegaly. A possible right grade 1 intraventricular hemorrhage was noted with prominent extra axial spaces bilaterally. On July 6th, he underwent patent ductus arteriosis ligation and then on July 8 laser surgery for retinopathy of prematurity. He was discharged home on July 18.
As a result of the many errors of medical malpractice, the infant plaintiff sustained the following injuries:
- cerebral palsy
- brain damage
- IV hemorrhage with encephalitic-like changes with intra ventricular bleed of grade II-III level
- Grade IV IVH in left and grade IN IVH in right with slight increase prominence of right ventricle
- Grade iv left germinal matrix hemorrhage
- Grade I intra ventricular hemorrhage
- Mild lung opacification
- Lung markings
- Broncho pulmonary dysplasia
- Encephalomalacia in left corona radiata
- Abdominal distress
- Thrombocytopenia
- Respiratory distress
- Respiratory distress syndrome
- Pulmonary edema
- Interstitial edema
- Interstitial infiltrate
- Fungal sepsis
- Bradycardia
- Soft anterior fontanel
- Candida sepsis
- Upper respiratory flora
- Urinary tract infection
- grade IV IVH with large amount of intraparenchymal extension
- Candida parapsilosis fungemia
- IV burn on toe
- Excoriated buttocks
- Biochemical rickets
- Staphylococcus aureus sepsis
- Staphylococcus sepsis
- Oxygen desaturation
- Tachycardia
- Ductus arteriosus
- Neutrocytopenia
- Tachypnea
- Low platelet count
- Tortuous vessels in zone 2-3
- Left hydronephrosis
- Gastric aspirates
- Gastro esophageal reflux
- Heart murmur
- Pustules
- Left atrial enlargement
- Mild distended bladder
- Enlarged right ventricle
- Hyperbilirubinemia
- Cocci septicemia
- Anemia
- Hypoglycemia
- Oxygen desaturation
- Hydronephrosis
- Hamstring and calf spasticity
- Right hemiplegia
- Retinopathy
- Apnea
- Cephalic Metabolic acidosis
- Hepatosplenomegaly
- Hepatomegaly
- other injuries
As a result of the medical malpractice that occurred in the Queens #1 Hospital and a multitude of injuries suffered by the infant plaintiff, the infant and mother received a substantial multimillion dollar recovery.
If you or a loved one has had a difficult delivery and have questions about the quality of the medical care you received please call the birth injury lawyers at Silberstein, Awad & Miklos' for answers. Serving New York and NYC including Manhattan, Bronx, Brooklyn, Long Island, and Queens. Together we will continue our fight against FRIVOLOUS DEFENSES and DECEPTIVE DEFENSES
Silberstein, Awad & Miklos, P.C.
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