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Throughout pregnancy, the expectant mother trusts her doctor and hospital to perform the appropriate tests and monitor the health of both the baby and herself. These New York professionals who are involved in this process have been trained to complete these tasks and correctly interpret the results the tests indicate. Failure to accurately read these results and react appropriately could constitute grounds for a medical malpractice claim.

In 2007, a baby boy suffered brain damage during his birth. Reports indicate that the fetal monitor was not interpreted correctly. Additionally, there were problems with the mother's labor induction and the way in which her contractions were coming. These issues should have suggested that there was a problem that should be reported to the doctor; however, these items were not reported.

The baby was not breathing when he was born. He was apparently resuscitated; however, he suffered brain damage as a result. He now suffers from cerebral palsy and has experienced delays in his development as compared to other children his age. This child will require continued medical treatment and most likely will never be able to function without assistance.

A jury recently awarded this family $11.75 million for damages suffered. A little over $10 million was awarded to take care of future medical care and other rehabilitation type expenses. Funds were also awarded to compensate for his lost potential income as a working adult.

The birth of a child is typically an exciting time for a New York household. However, when medical malpractice inflicts irreparable damage, this excitement turns to pain. There are often legal remedies to assist with the physical and financial losses inflicted upon the family.

Source:, "Jury awards $11.75 million in damages", Oct. 7, 2016

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