The birth of a child is one of the most joyous occasions in a person’s life. Parents have the right to expect that every precaution will be taken to ensure the mother’s and baby’s health and safety during the labor and delivery process. Unfortunately, this does not always occur, and birth injuries occur. For far too many families, a doctor’s error takes away that moment of joy and the lifetime of happiness you had planned. When a doctor or nurse fails to act appropriately and fails to correctly identify or treat neonatal problems, the nurse, doctor, or hospital may be held liable for any harm done to your baby. If you believe your baby was harmed as a result of neonatology malpractice, the experienced birth injury lawyers at DeFrancisco & Falgiatano in Upstate New York can assist you in determining your legal options. We have several convenient locations across Upstate New York. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.
Birth injuries are just one example of medical malpractice. There is no reason for any medical or healthcare professional to act negligently and fall short of the acceptable standard of care. When treating patients suffering from a specific disorder or disease, the standard of care refers to the practices and procedures that are generally accepted by a certain class of medical professionals in a specific geographic region. The situation is even more upsetting when it affects a helpless, innocent newborn, severing that infant’s life or severely compromising the baby’s quality of life. Preventable medical errors are a major public health issue that affects people of all ages, ethnicities, and socioeconomic backgrounds. Medical errors have been identified as the third-leading cause of death by the Journal of Patient Safety, accounting for as many as 440,000 patient deaths a year. Many more sustain serious and long-term injuries.
Neonatologists are trained to handle complex and high-risk situations involving newborns. Neonatologists are doctors who, after medical school, can train for three years in pediatrics and another three years in a neonatal intensive care unit (NICU). They are certified by the Neonatal-Perinatal Medicine sub-board and the American Board of Pediatrics. A pediatrician can handle most problems, but some are risky, such as when a newborn is born very prematurely, has an injury, or is suffering from a serious illness. They also provide care for newborns during C-sections or other deliveries in which the baby or mother has a medical condition that requires medical intervention during or shortly after delivery.
Many cases of negligence and malpractice occur as a result of understaffing in the hospital or ward, making it nearly impossible to provide adequate care to every newborn in the neonatal intensive care unit (NICU). There may also be instances where general pediatricians who are not trained to care for critically ill babies are in charge of the nursery and are unable to provide the necessary care. Furthermore, nurses may lack the necessary training to recognize the signs and symptoms of an impending problem, resulting in a critical window of opportunity to prevent the newborn from becoming ill or permanently disabled. Perinatal nurses are responsible for keeping a close eye on the mother and baby during labor and after birth. They must be prepared to identify potential complications as they arise, such as a baby not being properly positioned in the birth canal, a baby being strangled by the umbilical cord, or a mother experiencing a sudden drop in blood pressure. Nurses also must work diligently to ensure that the birthing environment is clean and free from potentially infectious diseases, as the newborn baby and mother are not in a proper condition to fight off diseases. Any errors or mistakes made by hospital staff can have disastrous consequences for the baby and may be grounds for a medical malpractice suit if negligence is proven.
Breathing problems or respiratory distress that require oxygen and/or intubation, infections from the mother, circulatory problems caused by a repairable heart defect or great vessel leading to or from the heart, brain dysfunction caused by oxygen deficiency or perfusion to the brain (hypoxic-ischemic encephalopathy), and jaundice are all common medical complications that affect newborns.
If you can demonstrate: (1) a doctor-patient relationship giving rise to a professional standard of care, (2) deviation from the professional standard of care, (3) causation, and (4) actual damages, you may be able to recover damages for neonatology malpractice. For example, if a neonatologist was supposed to diagnose and treat a newborn’s breathing difficulties but failed to conduct a proper differential diagnosis and the baby died as a result, this may be a breach of the professional standard of care. Similarly, if a neonatologist ordered the wrong imaging for a baby in utero with problems and therefore didn’t catch a heart defect that resulted in difficulties during labor, this may also be a deviation from the professional standard of care.
The attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers represent mothers and babies harmed by neonatology malpractice in and around Syracuse and throughout Upstate New York. We also provide legal representation in Rochester, Elmira, Auburn, Binghamton, Ithaca, Norwich, Herkimer, Delhi, Oneida, Lowville, Watertown, Oswego, Utica, Wampsville, Canandaigua, Cooperstown, and Lyons. Please call us at 833-200-2000 or contact us via our online form.