MEDICAL MALPRACTICE | PERSONAL INJURY | CIVIL RIGHTS
NEW YORK ATTORNEYS

Free Consultation 212.869.3500

Injured? Contact Us to Discuss Your Legal Options.

chris-nyber-wins-challenge

Partner Chris Nyberg Wins Challenging Motion for Pediatric Malpractice During Birth

  Alan Fuchsberg  |  April 28, 2016  |  

Chris Nyberg, a partner, The Jacob Fuchsberg Law Firm, successfully argued a challenging motion asserting a claim for pediatric malpractice causing a mother’s emotional distress during birth.  The winning New Jersey judicial decision may very well address a question of first impression.

In the case, a baby was born that lived only a short time after birth. The tragic event was due to the failure of a nurse and physician to monitor the mother’s labor and notice when the baby started showing signs of fetal distress. Had the baby been delivered at the appropriate time, the baby likely would have been fine.

After delivery, the nurse came into the delivery reading and realized that the baby’s heart rate had dropped.  She called the baby’s father, who was actively involved in emergency delivery, to get help. He ran down the hall looking for the doctor. Doctors administered immediate resuscitation, including suctioning, intubation, and epinephrine, but the baby died shortly after delivery.

The issue of the first impression was whether the emotional distress occurring at the time of birth and continuing through the pediatric resuscitation was such an extraordinary and interconnected chain of events that the mother could recovery for emotional harm to her from both the obstetrician and the pediatrician.

The judge stated, “the obstetrical malpractice…and the pediatric malpractice were all part of one temporally proximate and interconnected incident which occurred before, during and after the birth process.” The court also determined that the father was so active in the delivery and saving the baby that he too could recover for his mental anguish.

FEATURED ARTICLES

HELP WHEN THE UNIMAGINABLE HAPPENS

Our attorneys at the Jacob D. Fuchsberg Law Firm have a breadth of experience in claims involving civil rights violations, medical malpractice, and personal injury. If you or a loved one has been injured, contact us today to discuss your legal options. Let our family help yours.

THE JACOB FUCHSBERG LAW FIRM

Do I Have A Case?

To speak with an attorney immediately call (212) 869-3500 or fill out the form below and we'll get back to you within 24 hours. Your inquiry is always confidential.

MANHATTAN LAW OFFICE:

Share
Share
Tweet
Email