New York City Public Hospital Must Defend Birth Injury Claims

New York City Health & Hospitals Corp. is potentially liable for its emergency department’s failure to admit a pregnant woman despite obvious signs of fetal distress.

J.H., who sustained brain damage from a loss of oxygen before birth, can proceed on his malpractice claims against publicly owned Elmhurst Hospital Center, despite failing to give it timely pre-suit notice, the New York Supreme Court, Appellate Division, said Feb. 20.

J.H.'s mother went to the facility Nov. 23, 2010, complaining of pain, diminished fetal activity, and vaginal leakage. She was discharged later that day, but returned on Nov. 25. J.H. was delivered ...