Blog Banner
  • Failing to appreciate that Leston’s pregnancy-associated plasma protein-A (PAPP-A) level, which is measured at the first-trimester screening, was low at the 5% percentile and was indicative of a possible chromosomal defect


  • Failing to perform invasive genetic testing which would have revealed that the fetus was afflicted with Cri Du Chat syndrome and which would have prompted an informed decision to be made in terms of terminating the pregnancy


  • Failing to perform sonograms after Leston’s 32nd week of pregnancy to monitor fetal intrauterine growth and rule out fetal intrauterine growth restriction

It is clear from these findings that Dr. Boester breached her duties as a medical professional, which resulted in Leston and her husband suffering high financial and emotional costs in raising their child.

In 2003, Leston’s child was hospitalized at New York-Presbyterian Hospital and suffered injuries that allegedly resulted from negligence – though the details of this negligence have not been released. Sadly, the boy was never able to leave the hospital and remained hospitalized for 6 years until his death in 2010.

Legal Matters

Megan Leston and her husband filed a medical malpractice lawsuit against New York-Presbyterian Hospital and Dr. Allison Boester, stating that she failed to diagnose their son’s congenital birth defect in-utero which took away their ability to make an informed decision regarding whether they would like to terminate the pregnancy or not.

Cri Du Chat Syndrome is a rare genetic disease that causes intellectual disability, delayed development, and weak physical features. Due to the level of disability that Cri Du Chat Syndrome causes, extensive lifelong therapy such as physical therapy and speech therapy are required, which is costly. Leston and her husband opened their medical malpractice lawsuit while their son was still alive to receive monetary compensation for his care. They continued with the lawsuit after his death to receive compensation for emotional damages that the ordeal had on them.

Because this case is a mix of medical malpractice and birth injury, it highlights the importance of consulting with an NYC medical malpractice lawyer if you want to file a medical malpractice lawsuit. This is because the law and statute of limitations differ between states, and you will need the assistance of a qualified NYC medical malpractice attorney should you live in NYC and wish to have the best possible chance of winning your lawsuit and receiving monetary compensation.


Please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC if you believe that you have experienced a failure to diagnose or have been a victim of a birth injury

Call (800) 660-2264 today and speak to one of our medical malpractice attorneys for a free, confidential consultation.


122 E. 42nd Street Suite 3800
New York, NY 10168

Tel: (800) 660-2264



8900 Sutphin Blvd Suite 501
Queens, NY 11435

*By Appointment Only



220-226 E 161st Street
The Bronx, NY 10451

*By Appointment Only