In recent years, politicians in the country have repeatedly proven willing to place political expediency and corporate interests ahead of the rights of the general public. In yet another example of this, New York Governor Andrew Cuomo has reportedly introduced a measure as part of his budget proposal which seeks to limit the rights of victims of malpractice, including brain damaged babies, without regard for fairness or the actual facts of the individual cases.
In the vast majority of medical malpractice cases involving a baby who suffers a brachial plexus injury at birth, the central issue which is being contested is whether the obstetrician used excessive force when freeing the entrapped shoulder. The defense typically advances three arguments:
The advent of cool cap therapy to treat perinatal hypoxia has not only improved the chances of infants who experienced perinatal asphyxia surviving without major, permanent brain injuries, but it has also leveled the legal playing field for those infants who are not so fortunate as to escape permanent brain injuries.