The case very quickly became complicated when Flushing Hospital Medical Center filed for bankruptcy in 1998, and the Court had to approve a settlement of $2 million by the medical center. The malpractice case against the on-call doctor was then set to continue.
During his trial in 2006, the on-call doctor executed a $1 million confession of judgment. He admitted that he had been negligent in Laura’s case; however, he filed a motion for summary judgment in 2007. This motion was denied, and the case was transferred to the Civil Court, where it is still pending.
A birth injury is a physical injury that your baby and/or you receive before, during, or just after the birthing process.
It is important to note that while many complications of birth injuries cannot always be avoided, some may be attributable to medical malpractice. When this is the case, a medical malpractice lawsuit may be brought forward.
Birth injuries caused by medical malpractice occur when a medical practitioner has acted negligently. This means that they have failed to uphold the standard quality of medical care within their medical community.
Generally, you seek monetary compensation for the resulting ongoing medical and therapeutic costs associated with your child’s birth injury when filing a medical malpractice lawsuit. Additionally, this compensation may take the pain and suffering of your child, you, and your family into account.
According to the state laws of NYC, your allegation of medical malpractice must be filed promptly for your case to go to trial successfully. This is known as the “statute of limitations,” and it differs between states.
If you live in NYC and wish to file a birth injury medical malpractice lawsuit, it is recommended that you contact a medical malpractice lawyer as soon as possible. The main reason for this is that there are four legal elements that you need to prove to make a claim of medical malpractice successfully. Your NYC medical malpractice attorney will assist you in identifying these elements, which include proving that:
- Your medical practitioner had a professional and legal duty to provide care and/or treatment to you and your child
- Your medical practitioner is in breach of this duty by having failed to adhere to the quality standards of care of the profession
- The injury was a result of this breach in duty
- There is resulting damage from this injury which the legal system can provide redress
If it is your belief that either you or your child may have experienced some form of birth-related medical malpractice, then please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today.
You can speak to one of our medical malpractice attorneys when you are ready to talk by calling (212) 697-9280 for a free, confidential consultation.