New York Child Birth Injury Lawsuit

A New York jury awarded $5.5 million to a woman who suffered a severe child birth injury while her doctors repeatedly ignored her requests for a Caesarian section - a type of surgery many doctors are advised against recommending to patients due to increased hospital costs.

Failure to Perform C-Section Equates to Negligence

New Yorker Maria Bustos was pregnant with her second child in 2003. At only 4'11", her first vaginal delivery of a nine-pound baby left her with a third degree rupture of the perineum (the area between the anus and the vulva). Doctors estimated that her second child would be just as big, if not bigger. Given the pain she had experienced the first time, Bustos requested her Lenox Hill Hospital OB-GYN early on if she could have a Caesarian section (C-section) instead of attempting another vaginal delivery.

Despite her requests and medical history, no plans were put in place to do a Caesarian section - a medical procedure that many hospitals avoid due to increased hospital costs. Unfortunately for Bustos, the good doctor should have listened to her.

Instead, her doctor showed up late when she went into labor, breezed in and out of her room and put a first year resident in charge of her situation. She ended up vaginally delivering the10-pound child, but heard something "crack" inside of her during that time. Luckily, her son was born healthy; however, Bustos was left severely and permanently injured.

Tests showed that she suffered a broken and separated pelvis and severe back injuries. As a result, she has had to undergo multiple surgeries which could not fully correct her injuries. This included surgery to put her pelvis back in place by fastening it together with metal plates and screws. She now has a remote control device that she must use to send electro-impulses to wires that have been implanted up and down her back. She continues to undergo pain management and must use a cane to walk.

NY Med Mal Lawsuit

Bustos filed a New York medical malpractice lawsuit against the doctor and the hospital alleging that her medical history - as well as her repeated requests - were ignored and were the direct cause of her injuries. Her medical malpractice lawyer had considerable experience with child birth injury lawsuits and was able to show the jury how the doctor's and hospital's negligence in failing to perform a necessary C-section resulted in Bustos's injuries. The jury agreed and awarded her $5.5 million in compensation - $1.5 for her past pain and suffering and $3 million for her future pain and suffering - plus an additional $1 million to her husband which consisted of $500,000 for past loss of services and $500,000 for future loss of services.

If you've been injured due to any type of medical malpractice by doctors, nurses, medical clinics, hospitals, emergency rooms, walk-in medical clinics or by anyone whose job requires licensing, contact a medical malpractice attorney to discuss your situation so that you can weigh your options and decide whether filing a med mal lawsuit is in your best interests.