Medical Malpractice Involving Twins and Multiples

Births involving multiples are riskier than births involving a single baby. Knowing of this heightened risk, health care providers need to be especially vigilant about the possibility of injury when providing care to a pregnant woman with multiples. If your twin or triplet or other multiple was born with serious injuries and you suspect it was the result of mistakes by your health care provider, you can discuss your situation with an experienced Syracuse birth injury attorney. At DeFrancisco and Falgiatano, we can pursue damages from health care providers on behalf of parents who have sustained harm as a result of professional negligence involving twins and multiples.

In recent years, twin and multiple births have been on the rise. Some of these births are the result of fertility procedures that increase the chances of multiples. Multiple birth pregnancies are inherently more risky than single births, and regular sonograms and non-stress testing must be performed frequently to make sure babies who share a womb are growing properly.

Potential complications that are common in births involving multiples include placenta previa, preeclampsia, gestational diabetes, failure to plan for a C-section, failure to recognize fetal distress, and prolapsed umbilical cord. Birth injuries arising out of failure to adequately diagnose or treat twins or multiples in utero can include brain damage, cerebral palsy, Erb’s palsy, shoulder dystocia, untreated jaundice, bone fractures, meconium aspiration, and depressed skull fractures.

You can hold a health care provider accountable for medical malpractice involving twins or multiples if you can show: (1) the patient was owed a professional duty of care, (2) deviation from the professional duty of care, (3) causation, and (4) damages. In New York, a breach of the professional duty of care occurs if a doctor didn’t adhere to the same level of care used by reasonably prudent health care providers in the same geographic region and under similar circumstances. A compassionate birth injury lawyer can evaluate whether you may be able to fulfill these elements under the facts of your case.

Different complications can arise as a result of a pregnancy involving multiples, and each of these complications needs to be addressed competently. For example, where a mother of multiples develops gestational diabetes, it is very likely that a scheduled C-section should be performed, and it may need to be performed in advance of 40 weeks of gestation. This is because gestational diabetes triggers placental hormones, which can result in a rise of blood sugar that adversely affects the placenta’s function, and thereby hinder the growth and development of the babies. Where a doctor fails to order and perform a scheduled C-section under such circumstances, and birth injuries are sustained as a result, the doctor may be held accountable.

Even before filing your birth injury lawsuit, you will need to consult an experienced and credible expert to determine whether medical malpractice caused the birth injuries. The expert is likely to be a board-certified OB-GYN. The expert will review your medical records and your baby’s medical records, as well as the facts you provide, and give an opinion about whether your case is meritorious. When you pursue damages for birth injuries to a twin or multiple in New York, you need to file a certificate of merit with the original complaint under New York Civil Practice Law and Rules section 3012-a.

Often, families are utterly unprepared for birth injuries. It can be a financial challenge to have multiples, much less multiples who’ve sustained birth injuries through the fault of a health care provider. If you’ve been harmed by medical malpractice involving twins or multiples in Syracuse, you can talk to a seasoned birth injury lawyer about the viability of a lawsuit to recover damages. DeFrancisco & Falgiatano represents babies and their families in Rochester, Syracuse and everywhere in Upstate New York, including in Oswego, Canandaigua, Lowville, Herkimer, Binghamton, Utica, Watertown, Cooperstown, Oneida, Ithaca, Wampsville, Auburn, Lyons, and Elmira. Please call DeFrancisco & Falgiatano at 833-200-2000 or contact us through our online form.