While parents experience a great deal of joy when expecting a child, tragedy can arise in connection with birth injuries caused by errors made during the pregnancy itself. Children can be permanently disabled or die as a result of a doctor’s miscalculation of fetus size. A fetus that is too large may not be one that should be subject to a vaginal delivery. Likewise, there are conditions that can arise when a fetus that is too small that should be addressed by the obstetrician before the due date. Permanent disabilities arising from birth injuries can be devastating for a family. At DeFrancisco & Falgiatano, our skillful Syracuse birth injury attorneys may be able to represent you in a medical malpractice lawsuit for damages arising out of miscalculation of fetus size.
Miscalculation of Fetus SizeWhen a mother is pregnant, their OB-GYNs owe them a responsibility to anticipate any pregnancy problems that are reasonably foreseeable. Evaluation of these problems should result in timely intervention to avoid harm to either the mother or the baby, or both. One common cause of birth injury or birth trauma is miscalculation of a fetus’s size.
Fetal size matters throughout a pregnancy. During the first trimester, the fetal length is compared to a mother’s last menstrual period to arrive at an estimate of how long the baby has been developing. The fetal length in the first trimester is measured from crown to rump using ultrasound images. Fetal size continues to be calculated as the pregnancy progresses. A health care provider is supposed to keep an eye out for warning signs related to size. When a baby is too small or too large, medical problems can arise. After 14 weeks, one way of measuring fetal size is also by taking measurements of various body parts on the ultrasound.
After about 20 weeks, health care providers monitor fetal growth with a fundal measurement, which involves using the distance from the top of the uterus to the pubic bone. This measurement is a crude estimate, but it’s noninvasive. Generally, it’s considered less accurate for pregnancies of people who are obese or who are carrying multiples. At the tail end of pregnancy, the calculation of fetal size will be compared against information about the average size for fetuses of the same age. By using the ultrasound, doctors can get a more detailed estimate of fetal size by using the diameter or distance around the head, the distance around the abdomen, and the length of the thigh bone. Percentiles can be used to make sure a fetus or baby’s growth is where it should be.
Birth InjuriesInjuries to a baby during a labor or delivery that is challenging because of a doctor’s miscalculation of the fetus’s size can impact the baby’s brain or other parts of his body. These injuries may be mild or very severe, and may be permanent or temporary. Birth injuries that could arise in connection with a doctor’s miscalculation of fetus size are brain injury, cerebral palsy, paralysis, forceps bruising, clavicle fractures, hypoxia, spinal cord damage, and stillbirth.
Suing for Medical NegligenceNot every mistake made during a woman’s pregnancy or labor and delivery is actionable. To establish medical malpractice in connection with your child’s birth injury or your maternal injuries, you will need to prove by a preponderance of the evidence: (1) the defendant owed you a professional duty of care, (2) breach of the standard of care, (3) causation, and (4) damages. Both a mother and a baby may have claims depending on their injuries and the circumstances.
You will need to retain an expert to provide opinions about what the professional duty of care was in connection with miscalculation of the fetus size, how it was breached, and whether the miscalculation caused birth injuries or maternal injuries. In some cases, more than one expert must be retained.
Under Rule 3012a, in New York a plaintiff’s attorney must attach a certificate stating that he or she reviewed the lawsuit and consulted with at least one health care expert licensed to practice and reasonably believes that person is knowledgeable as to medical issues pertinent to the plaintiff’s claims, and based on review and consultation, the attorney has determined that there is a reasonable basis for the lawsuit.
Consult an Experienced Birth Injury Attorney in SyracuseSometimes a lifetime of care may be required for a baby who was injured due to miscalculation of fetal size. When a baby suffers serious injuries like cerebral palsy, she may need to be followed by pediatric specialists and may need ongoing physical and occupational therapy. For many people, bringing a birth injury lawsuit is the only way to obtain money needed to pay for the services and care needed by a child permanently disabled due to a doctor’s error. If your baby was injured or you were harmed as a result of miscalculation of fetus size, you may be able to recover damages in a lawsuit. At DeFrancisco & Falgiatano, our trial lawyers represent patients and their families harmed by medical negligence in Syracuse, Rochester, and throughout Upstate New York, including in areas such as Canandaigua, Ithaca, Binghamton, Oswego, Cooperstown, Lyons, Herkimer, Elmira, Auburn, Wampsville, Utica, Oneida, Lowville, and Watertown. Call our firm at 833-200-2000 or contact us via our online form.