Though delivering a child is both amazing and memorable, mistakes and errors can often occur. The result can be a lifetime of pain and suffering for the child and family. To address this, a family must keep in mind that the Court has little sympathy for a family or counsel who misses deadlines created. On June 9th, 2016, the NY Court of Appeals affirmed the dismissal of a case involving a brain damage baby.
Wally G vs. NY City Health and Hospitals Corporation involved an infant Plaintiff who was born prematurely by emergency cesarean section at New York City Health and Hospitals Corp. (HHC) in June 2005. C-Section is a method of delivering the baby when often the baby can not be delivered vaginally or is in fetal distress. Here, Wally G was transferred to the neonatal intensive care unit and discharged in stable condition in August 2005.
Under New York Law, the family, if they believe malpractice occurred must serve a notice of claim against the City within 90 days of when the malpractice occurred. If they serve later than 90 days, they must request Court permission. Here, in January 2007, more than 90 days after the claim arose, without first obtaining leave of court as required by General Municipal Law 50-e (5), plaintiff served a notice of claimagainst HHC claiming that the hospital committed negligence and malpractice arising out of failure to properly treat and manage his mother’s prenatal care, causing the infant to sustain brain damage, cognitive defects, developmental, speech and psychomotor delays fetal and respiratory distress and seizure disorder.