A mother and her infant filed a complaint of medical malpractice and lack of informed consent with a derivative cause of action for loss of services. The infant was born prematurely at the university hospital and remained hospitalized for two more months. In the complainants’ bill of particulars, it is asserted that the gynecologist, the attending pediatrician and the hospital rendered care and treatment during labor and delivery, and upon birth of the infant, treatment of the infant for prematurity, respiratory distress syndrome and sepsis. The mother allege that the accused parties failed to timely and properly diagnose and treat the infant for hydrocephalus and failed to timely provide propelling of the fluid from the infant’s brain causing loss of function of the brain tissue. The mother claim that as a result, the infant has suffered profound and global developmental deficiencies with no hope for meaningful improvement, has required multiple hospitalizations, has undergone stem cell implants in an attempt to replace the lost functioning of the white matter, and that she will require 24 hour care for the remainder of her life with constant medical supervision.
The gynecologist and the attending pediatrician allege there were no departures from the appropriate medical standards of care and that they did not proximately cause the injuries from which the infant suffers. According to a New York Injury Lawyer, the physician argues that in the period of time he cared for the infant, she exhibited no signs of problems, demonstrated no pleural effusion and did not need to be seen by a pediatric neurosurgeon. Thus, the accused parties seek to dismiss the complaint as asserted against each of them.
The attending pediatrician testified that a discharge physical exam written by the resident indicated that the baby had hydrocephalus, but his fontanels and sutures were flat, suggesting that the hydrocephalus etiology was from a condition where the brain and the cranium is growing and that the hydrocephalus is not getting worse. He stated the infant was being discharged home to her parents and was to follow up with neurosurgery in three weeks. A Nassau County Personal Injury Lawyer further testified that the retinopathy of prematurity was not a complication of oxygen therapy, but was from prematurity as it is not seen in term newborns, and that it is a condition that affects the retina independent of the hydrocephalus.