Labor and Delivery Negligence

Published on: June 29, 2024

Case questions medical practice involving choice of suture material. Ducasse v. N.Y.C. Health & Hosps. Corp. 2017 N.Y. Slip Op. 1647 (N.Y. App. Div. 2017)

by Stephen Bilkis

In Ducasse v. N.Y.C. Health & Hosps. Corp., the plaintiff challenged the type of sutures used in her episiotomy. An episiotomy is a surgical incision made in the perineum—the area between the vagina and the anus—to enlarge the vaginal opening during childbirth. This procedure is typically performed to facilitate delivery, especially in cases where the baby needs to be delivered quickly or when there is a risk of severe tearing. The goal of an episiotomy is to prevent irregular, more traumatic tearing of the tissues that might occur during childbirth and to speed the delivery process when necessary.

Background Facts

On November 13, 2011, Atato Ducasse was in labor at Lincoln Hospital. The delivery encountered complications when the baby’s shoulders became stuck after the head had been delivered. Dr. Patrina Phillip, the attending physician, performed an emergency episiotomy to facilitate the birth. While the baby was delivered safely, during this procedure, Ducasse suffered a fourth-degree perineal laceration, leading to significant bleeding. To repair the damage, Dr. Phillip used two types of sutures—vicryl for the rectal mucosa and chromic for the internal and external anal sphincter. Despite the initial success of the procedure, complications followed.

Published on: June 27, 2024

Emergency cesarean performed due to complications including fetal tachycardia. Robinson v. Northwell Health, Inc. 2021 N.Y. Slip Op. 33146 (N.Y. Sup. Ct. 2021)

by Stephen Bilkis

In New York, medical malpractice cases are subject to a specific statute of limitations, which dictates the timeframe within which a lawsuit must be filed. For most medical malpractice cases, this period is two and a half years from the date of the alleged malpractice or from the end of continuous treatment rendered by the party being sued. This statute is critical as it aims to ensure timely resolution and fairness in litigation. However, certain conditions, such as foreign objects left in a patient’s body, continuous care of the patient, or cases involving minors, may modify this period, allowing for extensions under specific circumstances.

In Robinson v. Northwell Health, Inc. 2021 N.Y. Slip Op. 33146 (N.Y. Sup. Ct. 2021), a medical malpractice case related to alleged mistakes made during the delivery of the plaintiff’s baby. The court examined not only issues related to the care that the doctors provided the plaintiff, but also the issue of the statute of limitations.

Background Facts

Published on: June 27, 2024

Adhesions from prior C-sections lead to severe bladder injuries. Dray v. Staten Island Univ. Hosp., 2022 N.Y. Slip Op. 32994 (N.Y. Sup. Ct. 2022)

by Stephen Bilkis

In a contentious medical malpractice and negligence case involving Rinat Dray against Dr. Leonid Gorelik, Metropolitan Ob-Gyn Associates, Dr. James C. Ducey, and Staten Island University Hospital (SIUH), the court faced motions and a cross-motion addressing the appropriateness of a repeat cesarean section (C-section) performed on Dray.

A woman who has undergone two previous Cesarean sections often develops adhesions where scar tissue forms between the bladder and the uterus. These adhesions can vary in density and extent, posing significant risks in subsequent surgeries, particularly another C-section. In such cases, the adhesions increase the likelihood of bladder injuries because the scarred tissues can complicate the separation of the bladder from the uterus during surgery. This necessitates meticulous surgical techniques and thorough preoperative assessments to identify and manage the adhesions effectively, minimizing the risk of damaging the bladder during the surgical procedure.

Background Facts

Published on: December 4, 2011

Complications can arise when it comes time to deliver the baby

by Stephen Bilkis

Even in perfectly normal pregnancies, complications can arise when it comes time to deliver the baby. The timing of labor is actually very important. If the baby comes too early, it can suffer severe complications and medical issues, but if the pregnancy goes too long, the placenta can stop working properly, leading to birth injuryas well.

A pregnancy is considered full-term at 37 weeks. Any birth that takes place before 37 weeks gestation is considered preterm. Usually a baby born after 35 weeks suffers no medical problems, so labor is not stopped from 35 weeks on.

Sometimes labor begins on its own, either due to a medical problem the mother or baby may have, or for no reason whatsoever. Only about 10% of women deliver on their due date, although 90% of women deliver within 2 weeks of their due date. Early in the pregnancy, an ultrasound is done to try and determine the length of the pregnancy to date. Ultrasounds done in mid-pregnancy, or late pregnancy are less effective at determining the length of the pregnancy.

Published on: November 30, 2011

Hospitals Are Revising Delivery Room Practices

by Stephen Bilkis

A doctor is applauding the efforts of a group of sixteen Midwest hospitals who are revising their practices in order to better protect newborns during childbirth.

According to a recent report in the Wall Street Journal, hospitals in the Ascension Health, Fairview Health Services and the University of Minnesota Public Health groups involved in the revision process have seen a drastic reduction in birth injuries and deaths in the two years since they began using the updated safety protocol series.

“Attorneys representing families who have experienced the tragedy of a birth injury have forced hospitals to take a hard look at what’s wrong with their practices. To their credit, these hospitals have responded positively and have taken up the challenge to improve.”