A New York jury awarded $3 million in damages to a teen who suffered serious injuries during childbirth 18 years ago. Dr. Stephen Serlin, a Glen Falls doctor, was ordered to pay damages to Marlayna Kineke for medical malpractice committed in the course of his work as an obstetrician-gynecologist.
According to Kineke, Serlin was responsible for a brain injury that occurred during childbirth. The Warren County jury agreed that the injury was Serlin's fault and had caused Kineke developmental problems.
Medical malpractice is a specific form of negligence committed by a health care provider. In order to provide medical malpractice, the plaintiff must establish that the treatment they received departs from a standard of care met by those with similar training and experience, resulting in harm.
The jury heard almost three weeks of testimony in the civil suit. Kineke suffers from cerebral palsy as well as other health issues. The jury agreed that Dr. Stephen Serlin was responsible because he "deviated from the acceptable standard of care" which was a "substantial factor" in the Kineke's childbirth injuries, the Post Star reports. According to testimony, there was a three- to four-hour delay in surgery that led to the damage.
Dr. Stephen Serlin failed to live up to his duty as a doctor, and caused the childbirth injuries to Kineke, said lawyer Greg Mills, who represented the Kinekes.
According to additional testimony, Serlin was called to the hospital at 5 a.m. to perform a Cesarean section. Serlin did not arrive until 7 a.m. and the surgery began at 8:14 a.m.
Neither Serlin, nor his lawyer, John Maloney, had a comment on the verdict, the Post Star reports.