Expectant mothers often entrust obstetricians and other healthcare providers with monitoring their health and addressing any issues that arise, as the health and well-being of both mother and child during pregnancy depend heavily on timely and accurate medical care. Unfortunately, though, it is not uncommon for medical professionals to overlook or mishandle maternal health issues, and the failure to diagnose and treat maternal conditions can lead to severe birth injuries. If you believe that medical negligence played a role in your child's birth injury, it is crucial to consult with an attorney to evaluate your options. The assertive Syracuse birth injury attorneys at DeFrancisco & Falgiatano Birth Injury Lawyers are well-versed in handling cases involving the failure to diagnose and treat maternal conditions, and if we represent you, we will help you seek the compensation you deserve. We are committed to helping families harmed by birth injuries throughout Rochester, Syracuse, and Upstate New York.
Harm Caused by the Failure to Diagnose and Treat Maternal ConditionsMaternal health conditions such as preeclampsia, gestational diabetes, infections, placental abruption, and other complications require prompt recognition and management to ensure the safety of both mother and child. The failure to diagnose and treat maternal conditions can result in a range of adverse outcomes, including premature birth, low birth weight, developmental delays, cerebral palsy, hypoxic-ischemic encephalopathy, and even fetal or maternal death.
When healthcare providers overlook symptoms, misinterpret test results, fail to conduct necessary screenings, or neglect to provide appropriate treatment, they put both lives at unnecessary risk. The consequences extend beyond immediate physical harm, often leading to long-term medical needs, emotional distress, and significant financial burdens for the affected families. Moreover, the emotional impact on the family can be profound, affecting relationships and overall quality of life.
Elements of a Lawsuit Arising Out of the Failure to Diagnose and Treat Maternal ConditionsThe failure to diagnose and treat maternal conditions can cause life-altering harm, and in many instances, it constitutes grounds for pursuing a medical malpractice claim. To establish liability for medical malpractice, the plaintiff must prove the defendant’s negligence.
In New York, negligence is made up of four elements: duty, breach, causation, and damages. Duty refers to the duty of care that the defendant owes the plaintiff, which arises from the patient-provider relationship. In other words, healthcare professionals have a responsibility to provide treatment that meets the accepted standard of care, which refers to the practices and procedures that are generally recognized as appropriate by the medical community. A breach of this duty occurs when the healthcare provider fails to act in accordance with the standard, such as by neglecting to order necessary tests, misinterpreting diagnostic results, or failing to provide timely treatment.
Establishing causation is critical in a malpractice claim. To do so, the plaintiff must demonstrate that the healthcare provider’s breach directly caused the harm suffered by the mother or baby. Expert testimony is often required to establish causation and to explain how the provider's actions fell below the standard of care. Finally, the plaintiff must show actual damages, which may include medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages.
Families impacted by the failure to diagnose and treat maternal conditions may be entitled to recover compensation for the economic and non-economic losses they suffer. This can include the cost of ongoing medical care, therapy, and adaptive equipment for the child, as well as compensation for intangible losses, like emotional distress and loss of enjoyment of life.
Contact a Dedicated Birth Injury Attorney Serving Syracuse, Rochester, and Upstate New YorkMaternal care is essential to a healthy pregnancy and delivery, and if doctors neglect to identify or address a concerning issue, they should be held accountable for any harm caused by their negligence. If you believe that the failure to diagnose and treat maternal conditions caused your child’s birth injuries, you have the right to seek justice, and you should speak to an attorney. At DeFrancisco & Falgiatano Birth Injury Lawyers, our dedicated Syracuse birth injury attorneys attorneys are here to provide the guidance and advocacy you need. We regularly represent injured parties in birth injury lawsuits in Syracuse as well as in Rochester and throughout Upstate New York. To arrange a confidential and free meeting, you can contact us through our online form or by calling us at 833-200-2000.