Claim of Failure to Recommend New Baby Formula Supplementation Resulted in Brain Damage Goes To Jury
On January 9, 2020, Justice Joan Madden of the New York County Supreme Court denied a motion of New York University Langone Medical Center to dismiss a pediatric/nursing malpractice claim involving a newborn who within 24 hours of discharge was found to have suffered profound brain damage due to severe acute dehydration. The parents claimed that the hospital staff departed from accepted standards in evaluating the infant and counseling the parents to address feeding problems. The mother had difficulty getting the baby to latch on for breastfeeding and was told that supplemental formula was unnecessary for breast fed babies. Photographs of the infant at discharge revealed dry and peeling lips. The day after discharge the mother decided to take her baby to another hospital after finding red powder in the baby's diaper. S.U. v. New York University Langone Medical Center, 2020 WL 109683
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