Failure to Perform Necessary Medical Tests

An infant’s health and well-being during pregnancy and childbirth depend on comprehensive and diligent medical care. A critical aspect of such care involves performing necessary medical tests to monitor the baby’s condition, detect potential risks, and intervene when issues arise. Unfortunately, when healthcare providers fail to conduct essential tests, it can result in preventable birth injuries, the consequences of which are often devastating. If your family has been affected by a doctor’s failure to perform necessary medical tests during pregnancy or childbirth, you have the right to seek compensation, and you should talk to an attorney. At DeFrancisco & Falgiatano Birth Injury Lawyers, our skilled Syracuse birth injury lawyers understand the catastrophic losses medical negligence can cause, and if you hire us, we will fight to help you seek justice for you and your child. We represent families in birth injury lawsuits in Syracuse as well as in Rochester and across Upstate New York.

Prenatal care is designed to identify and address potential complications early, minimizing risks of harm to the baby. Necessary medical tests, such as ultrasounds, glucose screenings, blood tests, and fetal monitoring, provide critical information about the health and development of the baby, as well as the condition of the mother. For example, tests can detect gestational diabetes, preeclampsia, infections, and other conditions that may require prompt treatment or closer monitoring.

When a healthcare provider fails to perform these tests or ignores the results, they may miss warning signs of serious issues. A failure to diagnose conditions such as fetal distress, placental abruption, or umbilical cord complications can result in oxygen deprivation, leading to severe and often lifelong birth injuries like cerebral palsy, developmental delays, or brain damage.

In most instances, a doctor’s failure to perform necessary medical tests is the result of carelessness. Lawsuits arising out of birth injuries, therefore, will typically include negligence claims.

Under New York law, demonstrating a defendant’s negligence requires a plaintiff to show that the defendant owed the plaintiff a duty. The duty a doctor owes a patient is to offer treatment that constitutes the accepted and good practice of medicine, which typically includes conducting appropriate tests to monitor the health of the mother and baby. Next, the plaintiff must demonstrate that the provider defendant this duty. Arguably, failing to perform the tests that a reasonably competent provider would have conducted under similar circumstances could constitute a breach.

The third element, causation, requires proving that the provider’s failure directly caused the harm. This often involves showing that timely testing would have identified the issue and allowed for interventions that could have prevented the injury. Finally, the plaintiff must establish that they suffered damages and that said damages were the direct result of the defendant’s breach.

Expert testimony is critical to establishing liability in birth injury, as medical experts can explain the standard of care, identify deviations from that standard, and illustrate how proper testing would have altered the outcome.

Families affected by a failure to perform necessary medical tests may be entitled to compensation for the harm they have endured. In New York, damages in birth injury cases typically fall into two categories: economic and non-economic damages.

Economic damages compensate for tangible financial losses, including the cost of past and future medical care, rehabilitation, assistive devices, and special education services. Parents may also recover lost income if they need to reduce their working hours or leave their jobs to care for their children. Non-economic damages address intangible harms, such as pain and suffering, emotional anguish, and loss of enjoyment of life.

A failure to perform necessary medical tests can lead to devastating consequences for families, leaving them to cope with significant challenges. If you believe that your child’s birth injury resulted from a healthcare provider’s negligence, you may be owed damages, and it is crucial to consult an experienced attorney as soon as possible. At DeFrancisco & Falgiatano Birth Injury Lawyers, our compassionate Syracuse birth injury attorneys are dedicated to helping families seek the compensation needed to obtain the resources they need for their child’s future, and if we represent you, we will fight tirelessly on your behalf. We have an office in Syracuse, and we frequently represent families in birth injury cases in Syracuse as well as in Rochester and throughout Upstate New York. You can contact us to set up a confidential and free meeting via our online form or by calling us at 833-200-2000.