Injury Lawyers
Medication Errors During Pregnancy
The health and well-being of an unborn child depend on the proper medical care and careful management of medications throughout pregnancy. Sadly, some healthcare providers managing the care of expectant mothers prescribe the wrong medication, administer an incorrect dosage, or fail to recognize harmful drug interactions. These medication errors during pregnancy can have devastating consequences, potentially leading to severe birth injuries, developmental disabilities, or even loss of life, and typically constitute medical malpractice. If your child suffered harm due to a medication error during pregnancy, you may be owed compensation, and you should talk to an attorney. At DeFrancisco & Falgiatano Birth Injury Lawyers, our dedicated Syracuse birth injury attorneys understand the immense challenges families face when dealing with the consequences of medical negligence, and if you retain us, we will work tirelessly to help you pursue justice for you and your child. We regularly represent clients in birth injury lawsuits throughout Syracuse, Rochester, and across Upstate New York.
The Dangers of Medication Errors During PregnancyNumerous types of medication errors can occur during pregnancy, including incorrect prescriptions, misinterpretation of dosages, or the failure to account for known allergies and preexisting conditions. Pregnant women often require medications to manage chronic illnesses, infections, or pregnancy-related conditions, but improper administration of these drugs can pose serious risks to both mother and baby. Certain medications have been linked to congenital disabilities, fetal growth restriction, preterm labor, and neurological damage. For example, exposure to certain blood pressure medications, antidepressants, or antibiotics may increase the risk of birth defects or developmental impairments.
Establishing Liability in a Medical Malpractice CaseMedical providers have a duty to prescribe medications with caution, ensuring they are safe for pregnancy and appropriate for the patient’s condition. When doctors, nurses, or pharmacists fail to uphold this duty, and a child suffers harm as a result, they may be held legally accountable.
Under New York law, birth injury claims stemming from medication errors during pregnancy are typically based on medical negligence. To prove negligence, first, the plaintiff must demonstrate that the defendant owed them a duty of care. Medical professionals are obligated to provide treatment that aligns with the standard of care, which is what is considered the good and accepted practice of medicine, which includes prescribing and administering medications safely during pregnancy.
The plaintiff then has to show that the defendant breached the duty owed. If a provider prescribes a dangerous drug without considering its potential risks to the fetus, this may constitute a breach of duty.
Next, the plaintiff must prove that the defendant’s breach directly caused the plaintiff’s harm. For example, if a doctor failed to adjust a pregnant patient’s medication despite clear warnings of potential harm, and the baby was subsequently born with a preventable condition, there is arguably a link between the defendant’s acts and the plaintiff’s injuries. Finally, the plaintiff must show that the harm resulted in measurable damages.
Expert testimony is necessary in most birth injury cases, as medical experts can explain the standard of care, illustrate how the provider deviated from that standard, and demonstrate how the error led to the child’s injuries.
Damages Available for Medication Errors During PregnancyFamilies impacted by medication errors during pregnancy may be entitled to substantial compensation for the losses they have endured. In New York, economic damages cover tangible expenses, such as medical bills, physical therapy, assistive devices, and anticipated future medical costs. Non-economic damages compensate for the pain and suffering endured by both the child and the parents.
Talk to a Trusted Birth Injury Attorney in Rochester, Syracuse, and Upstate New YorkMedication errors during pregnancy can lead to devastating birth injuries that cause substantial physical, emotional, and financial challenges. If you believe that a healthcare provider’s negligence caused your child’s birth injury, it is advisable to talk to a lawyer as soon as possible. At DeFrancisco & Falgiatano Birth Injury Lawyers, our trusted Syracuse birth injury attorneys are committed to fighting for the rights of families affected by medical negligence, and if we represent you, we will pursue the full compensation you deserve to secure your child’s future. We have an office in Syracuse and frequently assist families in birth injury cases in Syracuse, Rochester, and throughout Upstate New York. Contact us today to schedule a free and confidential consultation by calling 833-200-2000 or filling out our online form.