Mismanagement of Delivery

The process of childbirth requires attentive medical care and swift intervention when complications arise. Oversights and mistakes during the delivery process occur with alarming frequency, however, delayed C-sections, improper use of forceps or vacuum extractors, failure to monitor fetal distress, incorrect administration of labor-inducing drugs, and other errors often cause severe birth injuries that lead to permanent harm. If you believe that the mismanagement of delivery caused your child to sustain injuries during birth, you have the right to pursue claims against the responsible parties, and you should talk to an attorney as soon as possible. At DeFrancisco & Falgiatano Birth Injury Lawyers, our experienced Syracuse birth injury attorneys are committed to helping families hold negligent medical professionals accountable, and if you engage our services, we will aggressively pursue the justice you deserve. We serve clients in Syracuse, Rochester, and throughout Upstate New York.

If a provider delays necessary interventions, fails to monitor maternal or fetal health properly, makes critical errors during labor, or otherwise mismanages delivery, the consequences can be life-altering. For example, fetal distress must be promptly identified and addressed, as prolonged oxygen deprivation can lead to long-term disabilities. Additionally, improper use of delivery tools, such as forceps or vacuum extractors, can cause skull fractures, nerve damage, or internal bleeding.

Birth injuries stemming from mismanagement of delivery may include oxygen deprivation, cerebral palsy, Erb’s palsy, brain damage, or fractures. Many of the injuries that arise from improperly handled delivery require lifelong treatment and assistance.

Medical professionals must adhere to established protocols to ensure a safe delivery. If a provider delays necessary interventions, fails to monitor maternal or fetal health properly, or makes critical errors during labor, they can be held responsible for the resulting harm. Families who suspect their child suffered due to mismanagement of delivery will often seek redress for their losses via birth injury lawsuits.

Generally, a plaintiff in a birth injury case will assert a negligence claim against the defendant. In New York, to establish negligence, a plaintiff must first show that the defendant owed the plaintiff a duty. The obligation imposed on a healthcare provider is to offer treatment that adheres to the standard of care, which, in New York, is defined by what is considered the accepted and good practice of medicine. With regard to delivery, this may include proper fetal monitoring, appropriate use of medical interventions, and timely decision-making during labor.

The plaintiff then has to show that the defendant breached the duty owed by deviating from the standard of care. Next, the plaintiff must demonstrate causation, meaning that the defendant’s error directly resulted in harm. For example, if a doctor failed to perform an emergency C-section despite signs of fetal distress, leading to brain damage in the infant, the provider may be deemed negligent. Establishing causation generally requires expert medical testimony to explain how the provider’s actions deviated from the norm and how proper care could have prevented the injury. Lastly, the plaintiff must prove they suffered damages due to the defendant’s breach.

Families impacted by mismanagement of delivery may be able to recover both economic and non-economic damages. Economic damages cover medical bills, rehabilitation costs, and anticipated expenses related to the child's ongoing care. Non-economic damages address intangible losses, such as pain and suffering, emotional distress, and diminished quality of life.

Mismanagement of delivery can have lifelong consequences for children and their families. If you believe that your child’s birth injury was caused by medical negligence, you may be owed damages, and you should meet with an attorney promptly. At DeFrancisco & Falgiatano Birth Injury Lawyers, our seasoned Syracuse birth injury attorneys fight for the rights of families affected by improper delivery practices, and if we represent you, we will work diligently to help you pursue the compensation your family needs for future care and recovery. 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.