Attorneys for a New York family have announced that they have settled a birth injury lawsuit for $5.3 million. The suit, filed against New York Presbyterian Hospital, accused medical staff of failing to provide the mother with adequate care.
On several occasions, the mother had visited the hospital for observation and treatment while pregnant. Still, she gave birth at 32 weeks, and the baby was diagnosed with quadriplegic cerebral palsy. The lawsuit asserted that "not enough steps were taken to prevent this premature birth."
Birth injury lawsuits are not an anomaly in our legal system. They're a type of medical malpractice suit and are premised on negligence. Plaintiffs, parents who are suing on behalf of their child, ordinarily file birth injury lawsuits when the child was seriously injured before or during birth.
Common injuries include cerebral palsy, bleeding in the brain, skull fractures and spinal damage.
Plaintiffs often argue that these injuries were caused by a lack of proper medical care. Sometimes hospital staff didn't properly monitor the baby, or the doctor failed to take precautions during a high-risk pregnancy. Other times, poor decisions were made in the delivery room.
To win a birth injury suit, a plaintiff must prove that the injury was the result of a negligent act by the medical provider. This means that there must be proof that the hospital staff or physician did not act in accordance with the accepted standard of care, and that this failure caused the injury.
Lawyers for New York Presbyterian likely felt that there was sufficient evidence to meet this standard. Settling the birth injury lawsuit was therefore their best option.
- Responsible Parties in Birth Injury Cases: Who Can Be Sued? (FindLaw)
- Birth Injuries: Cerebral Palsy and Erbs Palsy (FindLaw)
- Manhattan Injury Lawyers (FindLaw)