Federally Funded NY Clinic Faces Medical Malpractice Suit
A federally funded New York health clinic and its doctors were hit with a medical malpractice suit in federal court on Monday, alleging that a diabetes-stricken woman delivered a stillborn baby because medical staff ignored her pre-existing condition and didn’t order a cesarean section in time.
Plaintiff Christine Perez sued the U.S. government after, she says, the federally funded Hudson River Healthcare in Yonkers and three of its doctors improperly managed her diabetes condition during her pregnancy, including missing symptoms and complaints indicating a likely danger to her fetus and ultimately leading to the death of her baby last January at 38 weeks.
Hudson had a duty of care, the suit says, to take heed of signs such as abnormal lab results that showed Perez’s diabetes was poorly controlled while she was pregnant, the suit says, adding that the hospital and its staff’s failure to do so was negligent and “in deviation from the accepted standards of medical care applicable to a physician and medical facility with the same specialty and training.
“As a result of that aforesaid negligence and medical malpractice, [Perez] sustained severe personal injuries, and has suffered great pain, agony, injury, suffering, mental anguish, emotional distress, psychiatric injury and medical expenses,” the suit says.
According to the complaint, Perez, who had diabetes before she became pregnant, informed her doctors and nurses at Hudson of that fact when she started prenatal care at the clinic, which then represented its staff as fully qualified to safely diagnose, treat and manage such a condition over the duration of her pregnancy.
As such, the suit claims, Hudson owed a duty of care to put qualified and experienced physicians on the job, or refer the patient to specialists when it became clear her blood sugars were abnormal.
Instead, Perez’s prenatal care was “performed negligently, carelessly, recklessly and […] not in accord with good and accepted standards of care,” the suit says.
The complaint continues, saying “Hudson had a duty to provide Perez and her unborn child with safe, competent, careful, skilled, accurate, appropriate, necessary and proper diagnostic care, prenatal care, diabetes management and medical care,” adding that the clinic should have known that “the medical personnel rendering care and services to [Perez] … did not possess the requisite skill, knowledge, experience or learning required to safely perform or render the medical care, prenatal care and treatment to Perez.”
Counsel information for the government was not immediately available on Monday.
The case is Perez v. U.S., case number 1:17-cv-00692, in the U.S. District Court for the Southern District of New York.
Medical malpractice occurs when a doctor fails to provide proper care to a patient, often resulting in serious injury or even death. If you or a loved one has been hurt by medical errors and/or medical malpractice, contact the experienced attorneys at The Lancione Law Firm or call us at 440-331-6100.
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The article is written by:Kat Sieniuc, as seen on www.law360.com