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Birth Injury Attorneys
Bronx, Brooklyn, Long Island, Queens, Manhattan, New York City, NY
This case is one involving personal injuries sustained by the infant plaintiff, who was caused to suffer hypoxic encephalopathy due to birth asphyxia resulting from medical malpractice which occurred during his birth at a BRONX HOSPITAL. Such malpractice occurred while he was under the care of the defendant BRONX HOSPITAL.
Briefly, it was plaintiffs' theory that the defendant BRONX HOSPITAL were medically negligent in their management of the labor and delivery of this baby.
The mother was a 34 year old women. This was her second delivery, who had previously delivered a child by c-section for fetal distress. Her EDC was May 30.
Prenatal care included two sonograms. According to the mother the second sonogram at eight months confirmed that the child was growing well.
The mother felt her water break at approximately 7 a.m. on May 9. Her friend who was with her at the time immediately called for an ambulance and she states that she was taken to defendant, BRONX HOSPITAL at about 8:30 a.m.
According to the hospital record, she was not admitted or examined until approximately 9:15 a.m. at which time she was noted to be fully dilated. Despite full dilation, nothing appears to have been done with the patient until 9:15 a.m., at which time she was placed on a fetal monitor. The fetal heart monitoring strips seem to demonstrate a lack of beat to beat variability as well as decelerations. Preparations were made for a cesarean section at 10:43.
Possible shoulder DYSTOCIA was considered. Attending physicians were called, but apparently did not respond. A fetal scalp sampling taken at approximately 10:50 revealed pH of 7.07.
The mother reports that forceps were used, and photographs of the infant's head indicate that there appear to be marks on the side of the head as well as a fairly misshapen head. A subsequent Pediatric Discharge Summary notes the use of forceps but curiously, the obstetrical record does not. The baby was flaccid at birth and Apgar score at 1 minute was 2 and at five minutes, it appears to be five (although that number seems to have been written over something else). The flaccid baby was transferred to the ICU.
Infant plaintiff's neonatal course was stormy and intracranial bleeding was noted. The child remained hospitalized until June 6 and was discharged with a diagnosis of severe perinatal asphyxia as well as hypoxic ischemic encephalopathy with extensive intracranial hemorrhaging, hypoglycemia, hypotension and seizures as well as metabolic acidosis and pulmonary hypertension.
Subsequent evaluation has attributed his problems to a well documented episode of perinatal asphyxia. The foregoing departures from accepted medical standards and practices were the competent producing cause of the child's injuries.
These failures by the defendants were a proximate cause of this baby, now child's injuries, including severe mental retardation and severe brain damage, spastic quadriplegia, seizure, blindness, dysphagia, contracture and incontinence of bowel and bladder, permanently impaired, unable to live independently, need for full time assistance either at home or in an institutional settle, unemployable.
If any of the facts of this case seem oddly familiar to you or your family please do not hesitate to contact our birth injury attorneys for answers to your medical malpractice questions.
As a result of the medical malpractice that occurred in the Bronx 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 Silberstein, Awad & Miklos' malpractice attorneys for answers. Together we will continue our fight against FRIVOLOUS DEFENSES and DECEPTIVE DEFENSES. We offer complimentary consultations to clients in New York and NYC including Manhattan, Bronx, Brooklyn, Long Island, and Queens.
Silberstein, Awad & Miklos, P.C.
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