Ronald W. Ramirez, Attorney at Law

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Brain damage leads to medical malpractice lawsuit

Most people in New York are likely aware of the fact that medicine is not an exact science. Some patients, for example, may react to certain procedures in unexpected ways. Because of this, medical personnel must respond appropriately during all situations. Unfortunately, a medical malpractice lawsuit filed in another state argues that failure to act resulted in an infant's cerebral palsy.

Though the lawsuit was filed in 2016, the incident that led to legal action occurred in 2006. According to reports, the victim was born prematurely. Though he was mostly healthy, doctors did discover that he was suffering from hydronephrosis, a disorder that would require further examination.

When he was 2 months old, doctors determined that he needed to undergo a renal scan, a procedure that requires an IV line. However, court papers indicated that medical care providers struggled to find a vein. When the IV was placed, the boy's condition is said to have quickly deteriorated. Though the child's mother reported that he was turning blue, she claims that personnel did not immediately call a code blue, did not administer chest compressions and did not check his pulse. Because he suffered brain damage, the plaintiffs were recently awarded over $130 million.

Due to his injuries, the mother of the now 12-year-old must provide care for him full time. Often, an injury to the brain can cause sufficient harm that a victim needs ongoing care for the rest of his or her life. If that injury is the result of negligence, such as in the case of medical malpractice, victims in New York and across the country often choose to seek recompense in a civil court.

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