New York Medical Malpractice Lawyers at Fitzgerald & Fitzgerald Settle Case for $3,650,000.00

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The New York medical malpractice lawyers at Fitzgerald & Fitzgerald, URL of, have settled a lawsuit on behalf of a client for $3,650,000.

New York Birth Injury Lawyers

New York Birth Injury Lawyers

Fitzgerald & Fitzgerald is a law firm comprised of New York medical malpractice lawyers who have been representing clients harmed...

The New York medical malpractice lawyers at Fitzgerald & Fitzgerald represent clients who have been injured or worse because of medical mistakes and generally substandard medical care. The firm handles cases that include matters arising from birth injuries, brain damage that leads to diagnoses of cerebral palsy, surgical errors and many other problems that arise in this setting. The attorneys at the firm hereby announce that they have successfully settled a lawsuit that was filed on behalf of an infant who was allegedly injured while in the process of being born because of mistakes made by those overseeing the delivery process.

Specifically, this New York medical malpractice lawsuit was filed by the attorneys at Fitzgerald & Fitzgerald against the defendant hospital corporation, Lincoln Medical & Mental Health Center, in the Bronx County Superior Court. The case was assigned a case number of 97045A. The lawsuit was seeking damages for the birth injuries allegedly caused by the defendant.

According to the court documents related to the case, the mother of a newborn child reported to defendant Lincoln Medical & Mental Health Center with ruptured membranes. The staff at the hospital sent the mother directly to a labor room. The mother was allegedly left in this labor room for approximately 11 hours with no monitoring by the medical staff. Finally, the mother gave birth to the child in a normal delivery room with no obstetrician or pediatrician present.

The court documents went on to state that child was born at a weight of two pounds and four ounces, and he was immediately bagged and masked in the delivery room. At this point, the pediatricians at the facility were notified of the developments. The pediatricians checked on the newborn and discovered that his respiratory condition was critical in nature. The child was not transferred to the NICU at the hospital for over an hour after this discovery because no beds were available.

The court documents described the situation such that the following day, the infant was transferred to a different hospital because once again no beds were available in the NICU. Ultimately, the child was diagnosed with perinatal asphyxia and a cerebral hemorrhage. As a result, the child suffers from cerebral palsy, a seizure disorder and mental retardation and he will never be able to care for himself.

The New York medical malpractice lawyers at Fitzgerald & Fitzgerald argued in the court documents that the defendant departed from generally good and accepted medical practice by failing to: (1) monitor preterm labor and delivery; (2) provide the Plaintiff mother and infant Plaintiff with adequate and timely obstetric and pediatric care; (3) provide proper neonatal care to the infant Plaintiff; and (4) promptly provide NICU facilities to the infant Plaintiff, which resulted in severe and permanent injuries to the infant Plaintiff.

Rather than litigate the matter fully, the two sides were able to successfully negotiate an out-of-court settlement that paid the plaintiffs damages in the amount of $3,650,000.00. As a result of this settlement, the New York medical malpractice lawsuit was dismissed and the matter is now considered closed by the parties who were involved in the case.

About Fitzgerald & Fitzgerald

Fitzgerald & Fitzgerald is a law firm comprised of New York medical malpractice lawyers who have been representing clients harmed by the negligence of medical professionals overseeing births since the firm’s inception in 1971. The attorneys at the firm handle New York birth injury cases, New York medical malpractice cases, New York cerebral palsy cases, New York personal injury cases, auto accident cases and other types of litigation matters that involve injuries inflicted upon individuals who need legal help.

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Doris Herrmann
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