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Can you bring a lawsuit against a hospital for not testing for low glucose in a newborn at birth?

Troy, NY |

My son turned blue because of low body temperature and he had low blood sugar that has left him developmental delayed.

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Attorney answers 6


In order to prevail in a medical malpractice case you must prove that the doctor breached the prevailing professional standard of care and caused injury to your child. You would then have to show damages. These cases are extremely expensive to prosecute and require expert medical testimony on the issues of liability, causation and damages. You should retain an experienced attorney in your area to review your case. Many will give you a free initial consultation. Time is of the essence as most state have relatively short time frames within which to bring these claims. Good luck to you and your son.

The information provided by me should not be considered legal advice and does not establish an attorney-client relationship. I am licensed to practice law in Florida and you should consult with an attorney in your area for legal advice. The information exchanged on is not privileged and you should not share confidential information over this forum.


If you can find a doctor who treats newborn and who will testify that the standard of care given caused damage and was below the community's standard of medical care, you can sue for your damages.

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If you can prove that the doctor breached the standard of care, you may have a claim. You would want to retain a medical malpractice lawyer from Avvo in your city who can order the medical records and have a medical expert review them.

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You would need to have the records reviewed by an expert to determine whether the doctor or hospital breached the standard of care. You have plenty of time as the statute of limitations tolls while your child is under 18- but you should still obtain the records and sit down with a lawyer soon. A lawyer would arrange for the expert review.


The statute in NY for medical malpractice injuries to infants only tolls for 10 years. Failure to maintain glucose levels in newborns can cause devastating injuries and may well be a basis for a case. However, the details are extremely important and nobody can evaluate your case without specific information and medical records. It is better to let an attorney obtain records than to try to get them yourself. I have extensive experience in such cases and I offer free consultation. If you would prefer to speak to an attorney closer to Troy, I can recommend some good lawyers in your area. Whatever you do, don't call up the local lawyer who doesn't handle medical malpractice cases. These cases are difficult and expensive to prosecute and require expert counsel.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


This is a a case that should definitely be reviewed by an attorney as soon as possible. To properly determine whether you have a viable medical malpractice claim, it is always advisable to have a knowledgeable attorney review your medical records as quickly as possible. Most experienced medical malpractice lawyers will pay for the cost of ordering these records, so that you need not pay money up front for this purpose. Many fact situations initially sound like error by the medical professional, but upon later examination of the records are found to be consistent with the medical standard of care in a particular jurisdiction. Also, depending on the nature of the procedure, the injury may be one of the risks inherent in such a procedure.

However, a great many injuries that result each year are indeed the result of doctor, nurse, and hospital error and can be properly termed as medical malpractice. In such circumstances, the medical provider certainly deserves to be the subject of a malpractice lawsuit and certainly deserves to be held completely accountable for the injuries that have been caused. Although it easy to guess whether your particular injury is, in fact, the result of malpractice, it is always best to have the attorney order the medical records at no cost to you, and have them professionally evaluated. Only then, can you be certain.

You are welcome to contact our office should you have any additional questions.


Attorney Mitchell S. Sexner
Mitchell S. Sexner & Associates LLC
Free Consultations & 24 Hour Telephones: 1 (800) 996 -4824
Email: :
Website: Medical Malpractice Attorneys

Answers presented on this website are intended only for informational purposes and any use of the contained material is at the users own risk. Answers are intended exclusively as a public resource for general information, and this information is intended, but is not promised or guaranteed to be, correct, up-to-date, or complete. This material is not intended to constitute legal advice, as an agreement to create an attorney-client relationship with the law offices of Mitchell S. Sexner & Associates LLC, or the provision of legal services, and receipt of this information does not constitute such an agreement. If legal or other specific expert advice is required, then the services of a competent professional should be sought.o

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