Articles Posted in Medical Malpractice

In this case the Court of Appeals considered whether an expectant mother may recover damages for emotional harm where her baby was injured in utero injury  and  subsequently born alive.

When Plaintiff Karen Sheppard learned that she was pregnant, her obstetrician, Dr. King, also informed her that she had fibroids and that she was not likely to carry the fetus to term. Her doctor advised her to terminate the pregnancy.  Her doctor also referred her to Dr. Spector for a second opinion concerning the performance of a surgical abortion. Dr. Spector advised against a surgical abortion and recommended a nonsurgical abortion using the drug methotrexate. Methotrexate breaks down fetal tissue.

During the plaintiff’s seventh week of pregnancy, Dr. King administered the methotrexate. Upon administering the second dose, Dr. King told the plaintiff that no there was no fetal heartbeat.  The plaintiff then met with  Dr. Sheila Kumari-Subaiya who performed a sonogram and advised Sheppard that there was no fetal heartbeat.

In New York, a medical malpractice case must be filed within 2.5 years of when the underlying act of negligence occurred. CPLR 214-a. However, in extraordinary circumstances, the doctrine of equitable estoppel can be invoked to revive time-barred claims.

In Pahlad, the Appellate Division considered whether a time-barred medical malpractice claim should be allowed where the plaintiffs claimed that the defendant’s actions contributed to their filing their claim late.

Background

In a medical malpractice case where the jury found the defendant to have been negligent, resulting in a severe injury to the plaintiff, the defendant asked the second department to determine whether the jury award should be set aside as excessive.

Background

On November 12, 2011, 27-year old Cinthya Arcos gave birth. During delivery, Dr. Yehuda Bar–Zvi performed an episiotomy on Arcos.  The episiotomy involved Dr. Bar-Zvi made an incision in the area between the vagina and the rectum. Dr. Bar-Zvi then used a vacuum extractor to deliver the baby.

In a medical malpractice case where the jury found the defendants liable for the plaintiff’s birth injury, the second department was asked to determine whether a new trial should be ordered.

Background

On June 1, 2010, 38 years old Vashti Daisely, who was in the late stages of pregnancy, went to the emergency room at Vassar Brothers Medical Center. She had contacted her doctor when she was concerned about decreased fetal movement. Her doctor instructed her to immediately go to the nearest emergency room.  She was seen by Dr. Kimberly Heller and Dr. Donna Kasello.