Articles Posted in Long Island

A 35-year old woman came to an obstetrician asking him to care for her during her pregnancy. A New York Injury Lawyer said the obstetrician noted the advanced age of the mother and suggested that the woman undergo an amniocentesis to rule out any genetic abnormalities in the child. On July 30, 1980, when the woman was into her 16th week of pregnancy, the obstetrician performed the amniocentesis.

The amniotic fluid sample could not be processed by the laboratory because the fluid contained an excessive amount of blood. Weeks later during a routing pre-natal check-up, the obstetrician could not detect the fetal heartbeat.

The woman then went to another obstetrician who told her that her fetus died while in the womb. On September 6, 1980, the lady was induced to go into labor in order to expel the dead fetus. When the fetus was expelled, the second obstetrician noted that the body of the fetus had three puncture marks with blood clots. The second obstetrician then told the woman that it was his opinion that the puncture wounds on her baby was caused by the amniocentesis performed by the first obstetrician.

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A woman is facing a case against her for causing the death of a child which was found in a plastic bag by the police inside her house. The child found was said to be given birth recently by the woman. An indictment is filed and she is being charged with murder in the second degree, man slaughter in the first and second degree, and endangering the welfare of a child.

A New York Injury Lawyer said that the defendant woman filed for the re-inspection by the court of the grand jury minutes to determine the admissibility of evidence since it was acquired through the violation of the physician-patient privileged communication and search warrant was properly obtained.

The judged, in an oral decision, agreed to the re-inspection of the minutes. This will determine if there is a probable cause to issue a search warrant of the defendant’s house, whether the evidence presented will be sufficient to support the charge of manslaughter in the first degree, which requires the “intent to cause an injury”, and lastly, whether the indictment should be dismissed.

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Petitioner was born prematurely at about 31-weeks gestation at defendant hospital. He is alleging that because of defendant Hospital’s failure to properly diagnose the amniotic infection of his mother and failure to properly monitor and intervene with the labor and delivery process, he incurred development delay, cerebral palsy, and spastic diplegia. Petitioner filed to claim damages but defendant Hospital is argues that the action has already expired, and petitioner cannot claim anymore.

A New York Injury Lawyer said that according to General Municipal Law, the Legislature enacted a protocol for suing a public corporation a notice of claim should be first filed. Under the same law, it is provided that it is the discretion of the court to extend the time, which a petitioner can serve a notice of claim. However, the extension should not exceed the time limit for the commencement of the action against public corporation. The law requires that the notice should be served 90 days after the claim arises. The extension of time should consider whether it involves an infant, if the movant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, when the municipality acquired actual knowledge of the facts constituting the claim within 90 days from its accrual or a reasonable time thereafter, and lastly, if the delay would substantially prejudice the municipality in maintaining its defense on the merits. A Manhattan personal injury lawyer said tha based on jurisprudence, the court shall consider other relevant facts and circumstances such as whether the claimant was an infant, mentally, or physically incapacitated, or died before the time limited for service of the notice of claim. If the claimant failed to serve a timely notice of claim by reason of his justifiable reliance upon settlement representations made by an authorized representative. Also, whether the claimant in serving a notice of claim made an excusable error concerning the identity of the public corporation against which the claim should be asserted, and lastly, whether the delay in serving the notice of claim substantially prejudiced the public corporation in maintaining its defense on the merits.

Medical records show that petitioner was prematurely born. He was approximately 31-weeks gestation, low birth weight and in need of immediate oxygen resuscitation. A Long Island Personal Injury Lawyer said he was on oxygen for five days after his birth and was then transferred to the Neonatal Intensive Care Unit or NICU and for a month, he remained hospitalized. ased on the medical records, there is no showing of substantial prejudice and there since there is no injury, the lack of a reasonable excuse for failing to timely serve a notice of claim will not bar the granting of leave to serve a late notice of claim.

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