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Plaintiff Requests that Court Accepts Late Filing


A New York Criminal Lawyer said that on April 4, 2009, the police responded to a call for service at a family home in Nassau County. Upon their arrival, they discovered that the residents of the home, a man and his girlfriend had been engaged in a domestic violence situation. As a result of domestic abuse, the woman was complaining of abdominal pain. She was far along in pregnancy at the time of the altercation. She stated that during the fight, she had been pushed or struck and that the blow had caused her to fall to the floor. She had not been allowed to obtain prenatal care and her complaints were concerning to the officers. An ambulance was called to the scene and the woman was transported to Nassau University Medical Center to receive treatment.

A Nassau Criminal Lawyer said that upon her arrival at the emergency room, doctors were concerned about the woman’s condition but only took brief examinations of her and promptly dismissed her from the hospital. On May 13, 2009, she returned to the emergency room complaining that she was having contractions. She was admitted into the hospital and doctors administered drugs to attempt to delay the delivery of the child. Since, the woman’s membranes had ruptured, doctors administered steroids to attempt to speed up the maturation of the baby’s lungs. The baby was subsequently born on May 13, 2009. At some point during his delivery, he was deprived of oxygen and blood through a compression of his umbilical cord. As a result, he was delivered with a brain injury that will result in his having to be cared for professionally the rest of his life.

A New York Criminal Lawyer said that because the hospital in which the child was born is owned and operated by the County, the hospital itself is considered a municipal entity. Because the hospital falls under this category, the woman only had 90 days to file a medical malpractice suit and personal injury. However, she was not aware of this. Six months after the child was born, the woman filed a motion to the court system to allow her to file a late service of personal injury and medical malpractice against the hospital. She claims that the hospital was aware in April that she was having difficulties with her pregnancy. They discharged her and failed to provide her or her child with the necessary prenatal care that could have made the difference in the health of her unborn child. She further contends that when she returned to the hospital to deliver her child, the doctors treatment of her was not within the standard of recognized medical practices that would have ensured that her child would be born healthy. She contends that it was the negligence and medical malpractice that the doctors acted with that caused her child to become brain damaged. The woman begged the court to accept her late filing based on the fact that English is her second language and the stress and time consumption that was involved in learning to care for her severely handicapped newborn infant had made it impossible for her to file her case within 90 days of his birth. In fact, he was in the hospital in another county for three weeks following his delivery and she had been consumed with his care.

A Queens Criminal Lawyer said the court reviewed the woman’s case and found that it was understandable that the woman had been consumed with the care of her newborn child to the exemption of every other consideration in her life. The fact that English was her second language further handicapped her from knowing how to take the necessary steps to file the case. The court granted her request for a late filing.

At Stephen Bilkis & Associates with its birth accident Lawyers, have convenient offices throughout New York and Metropolitan area. Do not lose monetary compensation. Our birth injury lawyers can provide you with advice to guide you through difficult situations. Without a personal injury attorney, you could lose precious compensation to help your family.

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