An action for medical malpractice alleges that the medical professionals negligently departed from good and accepted standards of medical/obstetrical care and treatment and failed to give informed consent to a woman during her admission to a University Hospital relating to her pregnancy, labor and delivery of her infant.
It is further claimed that the physicians failed to provide the infant with proper medical care and treatment causing the infant to suffer serious and severe injury. It is claimed that the infant suffered preterm labor, brain damage, cerebral palsy, non-coordination of muscles, global developmental delays, respiratory distress syndrome; persistent pulmonary hypertension, chronic lung disease, translucent membrane disease, abnormally high pigment amount, stomach reflux, pronated lower extremities with difficulty walking, reactive airway disease, cognitive impairment and delays, communicative impairment and delays, difficulty seeing with his left eye, pervasive development disorder, autistic spectrum disorder, loss of enjoyment of life, social-emotional developmental delay, and impaired earning capacity. It is claimed that the infant has been caused to require early intervention services, physical therapy, occupational therapy, speech therapy, and may require custodial care, medical care including therapies and equipment and special residential accommodations and modifications.
A New York Injury Lawyer said it is noted in the University Hospital record that the mother of the child, then a twenty-eight year old female, was admitted with a diagnosis of premature labor, to the service of a female gynecologist. It was her second pregnancy with a prior confidential termination of pregnancy. She was noted to be 33 1/7 weeks pregnant and the infant was estimated to be about five pounds. She complained of feeling pulling in her upper abdomen followed by rupture of the membranes with clear yellow-tinged fluid. Fetal movement was reported well and there was no vaginal bleeding. She had been seen at a town hospital where she was ruled/in for rupture of the membranes and transported to the University Hospital. At the University Hospital, the plan was to monitor her for contractions and if persistent, proceed with medication for at least 48 hours to obtain maximum benefit of steroids for the infant’s lung maturity. The nurse’s note written indicates a family member alerted the nursing staff that the mother was in the bathroom with the umbilical cord hanging out. One nurse placed her hand to relieve pressure on the cord and another nurse called a doctor. She was transferred to the labor and delivery room and an emergent caesarean section was performed. The birth report indicates that a male was delivered. Resuscitation was noted and he was intubated. Uneven chest excursion was noted.