Duty to Retain Fetal Monitor Strips When a birth injury has occurred, the fetal monitor strips can be invaluable pieces of evidence. They will show when the fetus went into distress and how long it remained in that state. This information may be used to show that the treating physician committed malpractice by not responding to the distress in a timely manner.Fetal monitor strips constitute a part of the medical record. As such, hospitals are required to keep them for a certain amount of time. Hospitals must save the strips for whichever time period is longest:6 years from the date of discharge3 years after the child reaches the age of majority (18 years old)6 years after the child?s deathThough the law requires hospitals to keep these records, fetal monitor strips go missing more frequently than they should. When this happens, there are two legal remedies that may be available to plaintiffs: the court may give a missing document charge or the court may strike the defendant hospital?s answer for spoliation of the evidence.

Missing document charge: this means that the jury is given an instruction to draw the strongest adverse inference from the missing fetal monitor strips as evidence against the defendant hospital. This is the most common remedy provided to plaintiffs in birth injury cases when fetal monitor strips have gone missing. In Martelly v. New York City Health & Hosp. Corp., 276 A.D.2d 373, 373-74 (1st Dept. 2000), the appellate court held that it was proper to give the missing document charge in part because the hospital had a legal obligation to keep the record and had been unable to give a reasonable explanation for its failure to produce it.Striking the answer for spoliation of evidence: this means that the court will enter a default judgment against the hospital on the question of liability (i.e. the court will find the hospital committed malpractice). Since this outcome is quite severe, it is only available in very limited circumstances. The plaintiff must prove that the loss of the fetal monitor strips deprives him or her of the means to prove that the birth injury was the result of malpractice.

The Baglio v. St. John's Queens Hosp., 303 A.D.2d 341 (2d Dept. 2003) is an example of one of the rare cases in which the court ordered the hospital?s answer struck for failing to produce fetal monitor strips. In that case, the appellate court noted that "the fetal monitoring strips would give fairly conclusive evidence as to the presence or absence of fetal distress, and their loss deprives the plaintiff of the means of proving her medical malpractice claim against the Hospital."For either remedy to be available, the plaintiff must show that the fetal monitor strips existed, that the hospital exercised control over them, that the hospital violated the law by failing to keep the strips, and that the strips are relevant to the case.Contact a Medical Malpractice Attorney Children who have suffered birth injuries may face a lifetime of medical complications. In some cases, these children may have dual monitor arm gas spring manufacturers shortened life expectancies. The law gives parents of children who have suffered a birth injury the right to take legal action in their name and recover damages on their behalf. In New York, there is a 10-year statute of limitations on parents? rights to bring these types of claims.

Megosztás a facebookon

In terms of applications, the global intracranial pressure monitors market was dominated by the segment of traumatic brain injury in 2014 owing to a high rate of road accidents, sports injuries, and incidences of violence.Geographically, the global intracranial pressure monitors market was dominated by North America in 2014, when it accounted for over half the market’s share.Key Segments of the Global Intracranial Pressure Monitors MarketIntracranial Pressure Monitors Market, by TypeExternal Ventricular DrainFiberoptic MonitorsStrain Gauge TransducersAir Pouch DevicesIntracranial Pressure Monitors Market, by ApplicationTraumatic Brain InjuryIntracerebral HemorrhageMeningitisSubarachnoid HemorrhageOthersIntracranial Pressure Monitors Market, by End-userTrauma CentersHospitals. North America’s share in this market could reduce over the given forecast period owing to the rapid growth rate of the Asia Pacific intracranial pressure monitors market.Intracranial pressure monitors are medical devices used to measure the pressure inside a human head within the skull., Integra LifeSciences Corporation, HeadSense Medical, Inc.

The report studies the global intracranial pressure monitors market according to type, applications, end use, and geography. The market is further fueled by a rising rate of awareness among healthcare officials regarding the benefits of using an intracranial pressure monitor.The key players in the global intracranial pressure monitors market, as detailed within the research report, are Spiegelberg GmbH & Co.In terms of types, the global intracranial pressure monitors market was led by external ventricular drains, which held a 35% share in 2014.The most significant reason for the growth of the global intracranial pressure monitors market, as explained in the report, is the growing number of people suffering from cerebrovascular and neurological diseases. This is a valuable measurement for patients kept under critical care.transparencymarketresearch. The fastest growth rate is currently shown wholesale multi-functional notebook tray Factory by the segment of air pouch devices., Haiying Medical, and Codman & Shurtleff, Inc., Sophysa, Raumedic AG, Medtronic, Inc. KG.

 

The Asia Pacific nations of India, China, South Korea, and Australia, among others, are showing high growth potential in this market, creating multiple opportunities for global players or new companies to set foot into this region. Another major driver of the global intracranial pressure monitors market is the increase in number of cases of head trauma and head injuries around the world. This region has consistently enjoyed a leading position in the global intracranial pressure monitors market due to the presence of an advanced healthcare infrastructure and a large number of the key players in the market. In terms of end use, this market is being driven by trauma centers, as this segment not only held the largest share in 2014, but is also showing the fastest growth rate for the given forecast period

Megosztás a facebookon