You await the birth of your baby with much hope for the future. An improperly executed method of delivery, however, can trigger an unfortunate chain of events that could result in life-long deficiencies. The Associated Press reports on one such case involving a couple seeking redress against a Portland, Oregon hospital conglomerate that delivered their son via water birth in December 2011.
The above issue can broadside couples in New York City who want to pursue this natural delivery method, which takes place inside a special tub. Some healthcare centers in Manhattan already offer water birthing services, with the Mt Sinai Roosevelt Hospital prominent among them.
A number of NY physicians, however, agree with a joint American Academy of Pediatrics/American College of Obstetricians and Gynecologists statement on the procedure’s lack of long-term benefits for both mother and baby. If complications arose during the birthing process, the road to redress starts with hiring a veteran New York birth injury attorney, such as someone from the Law Offices of Joseph M. Lichtenstein.
Piecing the Facts Together
A complete and verifiable recollection of the incident proper and the run-up to the event may provide a field of clues for your lawyer to form a solid case against the other party. In their affidavit, Matthew and Amy Marino said there were “high-risk complications” over the entire pregnancy that should have warranted a Caesarean delivery. Hospital personnel supposedly went ahead with a water birth without educating the couple on the procedure’s risks or considering the above joint statement.
Here’s where expert medical opinion is called for: baby Luca was oxygen-deprived due to not being delivered on time and was not resuscitated right away. No staff member was on station to monitor his fetal heart rate, the plaintiffs allege, and no obstetrician was present to guide the nurses and midwives.
The amount of birth injury damages being sought may be based on the result of complications from the delivery, and your lawyer may realistically assess the final amount to prevent the defense from claiming “exaggerations.”
Luca Marino is now suffering from cerebral palsy, a brain injury, and hearing problems. As a result, the Marinos are seeking damages totaling $36 million from the hospital. The breakdown is at $23 million for medical expenses, $10 million for the pain and suffering from both the cerebral palsy and brain injury, and $3 million for the hearing flap.
No child should suffer an otherwise avoidable permanent disability. A birth injury attorney from New York will help you have a fighting chance at securing ample compensation for your loved one’s suffering.
Parents ‘whose botched pool birth left son with permanent disabilities’ sue for $35 million as they call for water births to be banned at Oregon hospital, Daily Mail, 15 January 2015
Dr. Max Gomez: Growing ‘Water Birth’ Trend May Be Unsafe, CBS Local NY
Parents claim son born in botched water birth, ask judge to stop Oregon water births, Oregon Live