Improper Prenatal Care

Proper prenatal care is essential to safeguarding a baby's health during pregnancy, as regular monitoring, diagnostic testing, and timely interventions allow doctors to identify and address potential complications before they lead to serious harm. Not all physicians caring for pregnant women offer competent care, however, and their oversights and omissions can allow complications to develop unchecked, which ultimately can lead to tragic birth injuries. If your child suffered harm due to improper prenatal care, you have the right to pursue claims against the parties responsible for your losses, and you should talk to an attorney about your options. The experienced Syracuse birth injury attorneys at DeFrancisco & Falgiatano Birth Injury Lawyers are adept at helping families harmed by medical negligence recover damages, and if we represent you, we will diligently pursue the best legal outcome possible in your case. We regularly handle birth injury lawsuits in Syracuse, Rochester, and throughout Upstate New York.

Prenatal care involves a series of medical visits and tests designed to monitor the health of the baby throughout pregnancy. It typically includes physical exams, ultrasounds, blood tests, and screenings for conditions such as gestational diabetes, preeclampsia, and infections. Proper prenatal care allows healthcare providers to track fetal development, identify high-risk pregnancies, and make necessary adjustments to the mother’s care plan to ensure a healthy pregnancy and delivery.

Improper prenatal care can take many forms, including missed diagnoses, failure to order appropriate tests, inadequate monitoring of the baby’s growth and development, and a lack of follow-up on abnormal findings. For instance, failing to diagnose and manage gestational diabetes or preeclampsia can lead to complications such as preterm birth, low birth weight, or even stillbirth. Similarly, neglecting to monitor for fetal distress or umbilical cord issues can result in oxygen deprivation, which may cause severe birth injuries such as cerebral palsy or brain damage.

Birth injuries brought about by improper prenatal care can cause substantial and enduring harm that requires costly treatment. As such, families harmed by such oversights will often seek to hold the providers responsible for their harm accountable via birth injury lawsuits.

Generally, a plaintiff in a birth injury lawsuit must show that the defendant’s negligence caused their harm. In New York, a plaintiff seeking to demonstrate a defendant healthcare provider’s negligence must show that the defendant owed them a duty of care. The duty a doctor owes a patient, which arises out of the treatment relationship, is to provide care that is considered the accepted and good practice of medicine.

The plaintiff then has to show that the defendant breached the duty owed by failing to uphold the standard of care. Examples of breaches include failing to diagnose a maternal health condition, neglecting to monitor fetal growth, or not following up on abnormal test results.

Next, the plaintiff has to prove that the defendant’s breach directly caused the plaintiff to suffer actual harm. In other words, they need to offer evidence establishing that, but for the defendant’s breach, the plaintiff would not have sustained injuries. Typically, this evidence includes expert testimony establishing the standard of care, explaining how the defendant deviated from the standard, and connecting the defendant’s acts or omissions to the plaintiff’s harm.

The consequences of a birth injury caused by inadequate testing can place an immense financial and emotional burden on families. Compensation in these cases is intended to address the specific needs of the injured child and the family’s challenges.

Economic damages may cover the cost of extensive medical treatments, such as surgeries, hospital stays, and ongoing physical therapy. These damages can also provide for adaptive equipment, modifications to living spaces, and specialized education programs to support the child’s development. For parents, economic damages may include reimbursement for wages lost due to caregiving responsibilities or the need to reduce work hours to accommodate their child’s care.

Non-economic damages acknowledge the profound emotional and psychological toll a birth injury places on a family. Parents may receive compensation for the pain and suffering associated with seeing their child endure hardship and for the anxiety caused by an uncertain future. Additionally, damages may reflect the child’s diminished quality of life and the loss of opportunities they may have experienced without the injury.

While punitive damages are less common, they may be awarded in cases involving egregious or reckless misconduct.

Improper prenatal care can have life-altering consequences for children, leaving families to grapple with significant emotional and financial challenges. If you believe that improper prenatal care caused your child’s birth injury, it is in your best interest to speak with an attorney regarding your potential claims. At DeFrancisco & Falgiatano Birth Injury Lawyers, our capable birth injury attorneys possess the skills and resources needed to hold incompetent healthcare providers responsible for the harm they cause, and if we represent you, we will zealously pursue any damages you may be owed. Our primary office is located in Syracuse, and we proudly serve families in Syracuse, Rochester, and throughout Upstate New York. You can reach us through our form online or by calling 833-200-2000 to schedule a free and confidential consultation.