Woman In Labor Refused From Hospital, Alleges New York Birth Injury Lawsuit

A Queens County resident filed a New York birth injury lawsuit against the Greater Hudson Valley Family Health Center, St. Luke’s Cornwall Hospital and several individual medical staff members on October 9, 2013.

The plaintiff alleges that the medical staff did not perform adequate monitoring prior to her premature delivery, which caused the infant to suffer from respiratory distress syndrome and subsequent brain damage.  Judge Robert M. Levy will preside over the case in the U.S. District Court in the Eastern District of Brooklyn.

New York birth injury lawsuit allegations

The plaintiff says she was in the defendants’ care since November 30, 2011. The lawsuit states that the baby was born on February 2, 2012, but the “negligent, careless and reckless” actions of the defendants caused the baby to suffer brain damage.

The patient arrived at the hospital on January 31, believing she was in labor. The medical staff failed to perform a thorough pelvic examination and improperly discharged the patient. The following day, the plaintiff went back to the hospital again – only to be given the same treatment. As a result, she wound up delivering the baby prematurely at home on February 2.

Court documents argue that medical staff failed to understand the patient’s past medical history and follow standard procedures for care. They should have assessed her for dilation and conducted thorough pelvic examinations when the woman came to the hospital with what she believed to be labor pains. An ultrasound would have confirmed the size, position and status of the baby, but no such test was ordered.

The medical staff was charged with a number of specific allegations, including failure to:

  • Provide a safe and sterile environment for delivery of a baby
  • Administer 17-P injections to prevent pre-term labor
  • Place the Plaintiff on Dexamethasone medication for fetal maturation
  • Administer tocolytics and/or corticosteroids to prevent fetal respiratory distress
  • Perform non-stress and contraction stress tests

Baby born prematurely suffers permanent injuries

The pre-term infant continues to suffer the effects of respiratory distress syndrome and brain damage resulting from his birth injury. The lawsuit states he will “be sick, sore, lame, bruised, injured and wounded in and about various parts of his head, neck, body and limbs, both internally and externally.”

His organs, muscles, arteries, veins, tissues and cells bear the physical burdens of his malady, while the lawsuit contends he also continues to suffer from mental anguish and agony associated with his permanent injuries. Over the course of treatment, the boy required services from medical aids and hospital staff members, which placed financial strain on the family. The plaintiff is seeking monetary awards and damages that exceed the limits for the lower courts.

NY birth injury malpractice cases

New Yorkers who believe their children have been the victims of birth injury malpractice are encouraged to contact The Sanders Firm as soon as possible to determine their eligibility for filing a New York birth injury lawsuit.

State laws indicate a 2.5-year statute of limitations on filing a birth injury claim, so time is of the essence. In many cases, the nature of a birth injury is not apparent until later on. Call 1.800.FAIR.PLAY night or day to discover your best course for securing compensation and balancing the scales of justice. All consultations are free and there is never any cost unless we win or settle your claim.