New York Medical Malpractice Attorneys

$8,000,000-Jury Verdict Birth Trauma Failure To Timely Perform Cesarean Section In Face Of Decreased Fetal Movement - Cerebral Palsy And Mental Retardation

F&F# 87216A

MEDICAL MALPRACTICE ATTORNEY - Birth Trauma - Failure To Timely Perform Cesarean Section In Face Of Decreased Fetal Movement Cerebral Palsy And Mental Retardation

Jury Verdict: $8,000,000

Medical Malpractice Injuries: The plaintiff was born severely depressed with a diagnosis of perinatal asphyxia. The child has mild cerebral palsy, mild mental retardation, a seizure disorder and visual impairment. The plaintiff claimed that a cesarean section should have been performed sooner.

Facts: The plaintiff's mother received prenatal care from Dr. Bresnick to whom she complained of decreased fetal movement during the last month of the pregnancy. The plaintiff claimed that a non stress test should have been performed in light of these complaints to evaluate fetal well being. On the day of the birth the mother reported to Dr. Rifkin, who was covering for Dr. Bresnick that she had felt no fetal movement for fifteen hours. The woman was instructed to go to the hospital, where a non stress test was performed. The test was non-reactive, but a contraction stress test was then performed for another hour and forty minutes. This was non-reactive and suspicious. A cesarean section was then decided upon and was performed an hour and nineteen minutes later.