In a birth injury case, the court examines whether the actions of a volunteer midwife fall under the “Good Samaritan” rule, and as a result, the defendant should be granted summary judgement. The plaintiff Lacy, who was carrying twins, opted for a home birth instead of giving birth at a…
Plaintiffs include several members of the Scott family, including 19 children, who resided at the Brooklyn Arms Hotel which is owned by defendant Fields. The Hotel was leased to Merco. In 1981 the plaintiffs were homeless. The City of New York placed them in the hotel. The plaintiffs claim that…
When a doctor fails to perform a c-section delivery when warranted, there is a risk that the mother or baby will suffer serious birth injuries, including permanent injuries to the brain. Plaintiff Mitchell filed a medical malpractice lawsuit on behalf of her infant son against defendants Lograno, Strittmatter, and the…
In this birth injury medical malpractice case, the defendant moves for summary judgment, arguing that he did not deviate from accepted medical standards in his care and treatment of a pregnant woman by delaying performing a cesarean section delivery despite evidence that the baby was in distress. Plaintiff McLaughlin filed…
The issues before the court in Stuart v. Health & Hosps Corp. are whether a plaintiff is permitted to amend her complaint based on a change in the law that occurred after she initially filed her claim and whether the new law should be applied retroactively. In 2000, plaintiff Ashmeade…
In this case the court determines the issue as to whether the statute of limitations for filing a medical malpractice claim was tolled based on the continuous treatment doctrine. Under New York law, there are special procedural rules that must be followed in order to sue a public entity. Because…
In a medical malpractice claim, the issue before the court is whether the plaintiff had a reasonable excuse for filing a late notice of claim. Under New York law, before a plaintiff can bring a lawsuit against a public or government entity, the plaintiff must first file a notice of…
The respondent for the case is Ivelisse T. This case concerns the alleged abuse and neglect of two children under the age of eighteen, Rosaly S. Marcos S, and Wesley R. The case is being heard in the Kings County Family Court. Daniel Fraidstern, Esq., is the Special Assistant Corporation…
The issue in this car accident case is whether, under New York’s insurance law, the plaintiff suffered a “serious injury” when she lost her 1-week old pregnancy as result of the car accident. Under New York Insurance Law § 5104, in order to recover for pain and suffering in a…
Queens Birth Injury 15 This case is being heard in the Special Term of the Queens County Supreme Court. The original plaintiffs of the case are John Joseph Shea III, who is an infant under 14 years old, represented by his guardian John Joseph Shea II and John Joseph Shea…