Jury Awards Mother $4 Million For The Death Of Her Newborn

A mother has been awarded $4 million by a jury after they determined that doctors failed to diagnose the illness which resulted in her newborn daughter’s death.

Pertussis Kills 32-Day-Old Baby

In 2010, the plaintiff was a new mother and like many new mothers, she had numerous questions aboutfeet of a newborn baby her child and how best to care for her.

About a month into motherhood, the plaintiff herself fell ill. She experienced a runny nose, a mild fever, and a cough. Since she knew that newborns immune systems are sensitive and have not yet built up resistance to infection, she took her child to the doctor several times.

During her visits, she explained that she had the symptoms of pertussis, also known as whooping cough, and asked the doctors each time to test her child. She went a total of 4 times – the first two visits the child did not show symptoms, however, during the second two visits, symptoms were noted. For whatever reason, the child’s pediatricians did not provide them with the care that was needed and the disease progressed. At 32-days-old, the plaintiff’s daughter died.

Why Is Pertussis So Dangerous?

According to the Centers For Disease Control (CDC), whooping cough can cause violent coughing fits which literally expel all of the air from the lungs. In newborns and infants, this can result in apnea where there is a literal pause in their breathing. If these pauses last long enough and the child is unable to take in air, death can result from lack of oxygen. In addition to this, the disease can cause seizures.

Medical Malpractice Lawsuit Filed Against Pediatricians

The plaintiff filed a lawsuit against two pediatricians who had treated her daughter, alleging that they failed to test for whooping cough and that her child died as a result of their failure. The case did go to trial where a jury sided with the plaintiff and awarded her $4 million for her loss.

The harsh reality is that this money will do absolutely nothing to bring her child back but it can help to cover losses such as funeral and burial expenses, emotional trauma, physical pain and suffering, and medical bills.

Medical Malpractice Impacts Thousands Each Year

It’s not just doctors that can commit medical malpractice – nurses, physical therapists, pharmacists, and other medical professionals can make serious mistakes that ultimately result in harm to their patient.

The most common types of medical malpractice include:

  • Birth Injury: Both the mother and child can be hurt during labor. Epidural mistakes and the failure newborn baby with a motherto properly monitor either patient are some of the most common causes of birth injury.  
  • The Failure to Diagnose an Illness: Routine bloodwork and scans are often recommended so that illnesses can be diagnosed early and treated. A great example of this is mammograms – if a small tumor or calcification is seen on the scan, a patient should undergo further testing, but often these clinical signs are missed.
  • Misdiagnosis: The symptoms exhibited by a patient can often be associated with multiple medical conditions. It’s important to diagnose the correct condition so that it can be treated.  
  • Surgical Error: Surgery needs to be precise and if a cut is made even a millimeter off course, the patient’s life can be forever changed.
  • Medication Error: There is a reason that the majority of medications require a prescription in the United States – many of these drugs can cause serious side effects or even death if taken inappropriately. This is why it’s so important for the correct prescription to be written and filled.

Our law firm understands how much these medical mistakes can cost our clients. Not only will their way of life change, but they often also lose wages, suffering physically, experience emotional distress, and are burdened by medical bills that they can’t afford. That’s why our legal team fights aggressively against those who have committed medical malpractice.

Banville Law Can Help After Med Mal

Our attorneys have helped hundreds of people get the compensation that they need through a lawsuit and we can help you. Our goal is client satisfaction and our team believes that a good lawyer-client relationship is built through excellent communication.

Contact us now so that we can answer your questions and begin the legal process which will allow you to get the care that you need.

By | 2018-05-30T08:38:53+00:00 May 29th, 2018|Medical Malpractice|

About the Author:

Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.

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