New York Doctor Ordered To Pay $3 Million In Personal Injury Damages After Birthing Error.

Giving birth is like any other major medical procedure: with planning, it should be relatively safe and straightforward.  Also, like most other surgeries, complications can, and do, arise on occasion!  When unexpected events or complications occur during birth, it is up to the physicians to respond appropriately and promptly.  Soon to be parents trust medical providers to utilize their knowledge, skill and available technology to detect any potential problems and to make sure that the birthing process is carried out smoothly.  If there is an oversight, or a mistake during the delivery process, serious, life-long injuries can result.  When that happens, the doctors involved in the medical malpractice may be held accountable for the personal injuries they cause.

Eighteen years ago, Dawn Kineke went to the Glen Falls Hospital when she started experiencing contractions.  There were complications during her birth, however, and the hospital’s obstetrician-gynecologist Dr. Stephen Serlin was called in to perform a Caesarian Section.  Dr. Serlin was reportedly called at around 5:00 AM, but did not arrive until 7:00 AM, delaying the surgery until 8:14 AM.  While Ms. Kineke was able to give birth to her daughter Marlayna, she was born with brain damage.

Fast forward to today, and Ms. Kineke was successful in a birth injury lawsuit against Dr. Serlin for $3 million.  The lawsuit was filed because Marlayna was born with cerebral palsy and several other health issues.  In her lawsuit, Ms. Kineke’s lawyer, Greg Mills, argued that Dr. Serlin deviated from the acceptable level of standard care under the circumstances.  Specifically, the plaintiff argued that the four-hour delay in ordering the C-Section caused the neurological damage that Marlayna must now endure.   The case went before a jury.  After a three-week trial, the jurors found in favor of Ms. Kineke and ordered Dr. Serlin to pay a total of $3 million in personal injury damages.

If you or a family member have been injured during a birthing delivery, you may be able to hold the hospital or doctor accountable.  Contact our Massachusetts birthing injury attorneys to learn about your legal options.  Please email us at or call any time of day at 617-787-3700.  Your need are our top priority!

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