Electronic Fetal Monitoring (EFM) can monitor the health of the baby during labor by continuously measuring the fetal heart rate. The fetal heart rate pattern must be evaluated in order to establish if the infant is receiving sufficient oxygen during labor and delivery. When a baby is deprived of adequate…
Articles Posted in Birth Injuries
New York Court Explains Shifting Burdens of Proof in Birth Injury Cases
In New York birth injury cases, the success of a plaintiff’s claims hinges not on whether the plaintiff can demonstrate they suffered harm but whether they can link that harm to the defendant’s acts or omissions. If they can, they may be awarded damages, but if they cannot, their claims…
New York Mother and Infant’s Birth Injury Medical Malpractice Case Survives Multiple Motions for Summary Judgment
A Syracuse medical malpractice claim can arise from many different situations. While the majority of such cases involve the care, diagnosis, and treatment of adults, medical negligence can also happen during the treatment of minors. In addition to pediatric malpractice, birth injury malpractice claims against obstetricians and similar providers are…
New York Court Affirms Dismissal of Medical Malpractice Claim on Statute of Limitations Grounds
It is frequently said that “time is of the essence” when it comes to medical malpractice lawsuits in New York, especially those involving governmental entities. While it is certainly true that Syracuse medical malpractice claims should be made in a timely fashion in order to have a reasonable chance of…
New York Appellate Division Affirms Large Verdict in Birth Injury Medical Malpractice Case
A patient can be the victim of medical negligence at any time in his or her life. Sometimes, nursing homes fail to meet the standard of care, and an elderly patient suffers as a result. At the other end of the spectrum, some Syracuse medical malpractice cases happen much earlier:…
New York Court Finds That Summary Judgment Was Erroneous in Birth Injury Malpractice Case
While mothers and infants generally fare much better during labor and delivery than they did in years past, Syracuse birth injuries still happen regularly. Obstetricians, anesthesiologists, nurses, and others are quick to point out that complications can arise even when healthcare workers “do everything right.” However, these medical workers are…
Summary Judgment to Ambulance Company Affirmed by New York Appellate Tribunal
Birth injuries caused by negligence during childbirth and delivery are, unfortunately, quite common. Just like surgeons and general practitioners, obstetricians and pediatricians sometimes make mistakes, and both mother and child can suffer serious, sometimes even fatal, consequences. As with other types of Syracuse medical malpractice lawsuits, the plaintiff has the…
New York Court Reverses Order Granting Summary Judgment to OB-GYN in Case Involving Death of Mother Attempting VBAC Home Birth
Not all doctors are held to the same standard of care. For example, it would probably be difficult to hold a podiatrist liable for failing to diagnose an abscessed tooth in a Syracuse medical malpractice case, even if the podiatrist was the only medical professional that the patient had seen…
Infant Could Not File Late Notice of Malpractice Claim Against New York Hospital
Generally speaking, a claim for medical malpractice must be filed within two and one-half years (30 months) of an alleged act of medical negligence in the state of New York. While some circumstances can operate to lengthen the time for filing a claim, other circumstances can shorten the period substantially.…
Plaintiffs in Birth Injury Case Were Not Entitled to Relief from Defense Verdict, According to New York Appellate Court
A Syracuse medical malpractice case can have many issues and may take several years to ultimately be decided. While this can be daunting to a would-be plaintiff, this does not mean that a claim against a careless doctor or other medical professional should not be pursued. If you believe that…