August 10, 2012

A medical malpractice claim against a New York hospital involving a newborn who was allegedly injured during delivery was recently settled out-of-court for $1.3 million after the medical malpractice case was filed. The medical malpractice lawsuit alleged that negligent medical care during the delivery led to the infant suffering serious and permanent medical conditions after birth.

According to the medical malpractice lawsuit, the mother was 39 weeks pregnant when she arrived at the local New York hospital during March, 2006 for the delivery of her baby. While she was in active labor, her contractions became intense and she began to push hard but she was having difficulty delivering. The medical malpractice claim alleged that one of the two delivering doctors pushed down on the woman’s stomach while another doctor manipulated the baby’s position. The baby’s head was seen during the delivery but the baby’s body became stuck above the shoulders. The baby was not born until shortly after 3:00 a.m. the next day.

The woman claimed that at the time of the birth, the baby was purple/black in color, was listless, and did not cry. The nurse present in the delivery room allegedly stated that the baby had suffered a shoulder dystocia injury during the birth. The medical malpractice lawsuit alleged that the baby was diagnosed with dysplasia and Erb’s Palsy between three months and three years after birth, allegedly due to the problems during birth. The child also has cognitive deficits, developmental delays, and impairments in gross and fine motor skills.

The medical malpractice lawsuit alleged that the delivery room personnel negligently failed to deliver the large baby by Cesarean section delivery, failed to use the appropriate lateral force on the baby’s head during the delivery, and failed to timely diagnose and treat the baby’s congenital hip dysplasia, which led to the baby’s severe and permanent injuries.

The $1.3 million settlement is intended to compensate for pain and suffering, loss of wages, future medical expenses, and other non-medical damages.


Many people may question why the parties to the New York medical malpractice case agreed to settle for $1.3 million and how they arrived at that settlement figure.

The decision to settle a medical malpractice case is determined by many factors, including the strengths and/or weaknesses of the medical malpractice claims, the strengths and/or weaknesses of the defenses to the medical malpractice claims, the parties’ motivations to settle or to let the medical malpractice jury decide the case, the amount of the available insurance coverage to pay the claims, the parties’ respective evaluations of the likelihood that the medical malpractice jury will find in favor of the plaintiffs or the defendants, the monetary and emotional costs of litigation and in allowing the medical malpractice claims to be decided by a jury, the amount of time it takes to have a jury decide the claims, the parties’ evaluation of the possible range of the jury’s verdict, the amount of any liens on the settlement or verdict proceeds, any caps (limits) on the amount of damages that may be recovered, any restrictions placed on medical malpractice claims in the jurisdiction in which the claims are pending, and many other factors, such as the parties’ other motivations and concerns in litigating or defending the medical malpractice claims.

If you or a loved one have been injured as a result of medical malpractice, it is essential to promptly seek legal advice from a medical malpractice attorney to investigate your possible medical malpractice claim.

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