Negligent Prenatal Care

Many expectant mothers rely on healthcare providers to ensure the safe progression of their pregnancy and the well-being of their unborn child. Ideally, medical professionals should provide comprehensive and attentive prenatal care. Unfortunately, it is not uncommon for inadequate care during a pregnancy to cause severe birth injuries that impose significant physical, emotional, and financial burdens on both the parents and the injured child. If your infant sustained injuries at birth due to negligent prenatal care you may be owed compensation, and it is in your best interest to speak to an attorney regarding your options. The experienced Syracuse birth injury attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers are committed helping parties harmed by medical negligence seek justice for their losses, and if you hire us, we will work tirelessly to help you pursue the results you deserve. We regularly represent people in birth injury cases in Syracuse, where our primary office is located, as well as in Rochester and other cities in Upstate New York.

Typically, expectant mothers will receive prenatal care from obstetricians, gynecologists, or other healthcare providers throughout their pregnancy. Such care often includes routine imaging, blood tests, and physical examinations, which are used to monitor the health of both the mother and the unborn child. Properly administered care can help diagnose and address various conditions, such as preeclampsia, gestational diabetes, and congenital abnormalities. Additionally, prenatal care can identify high-risk pregnancies and the need for cesarean deliveries to ensure the health of both the mother and the child. When healthcare providers fail to conduct appropriate tests or overlook abnormal test results, however, serious conditions may remain untreated, ultimately resulting in birth injuries.

In cases where a child sustains a birth injury, one or both parents may seek compensation from the healthcare providers responsible through a medical malpractice lawsuit. In accordance with New York law, both an injured child and the child's parents may be eligible for damages if they can demonstrate the medical provider's liability. Typically, a plaintiff seeking compensation for a birth injury will claim that the medical provider acted negligently.

To establish medical negligence, the plaintiff must prove that the defendant had a duty to provide treatment in accordance with the accepted standards of medical practice. In other words, the defendant had an obligation to provide the plaintiff with the care that a competent provider with similar skills and experience working in the same specialty would offer in the same circumstances. Once the accepted standard of medical practice is established, the plaintiff must demonstrate that the defendant deviated from this standard and that this deviation directly caused the plaintiff's harm. In other words, the plaintiff must show that the harm would not have occurred without the defendant’s breach of the standard. Finally, the plaintiff must prove that measurable harm resulted from the breach.

In the majority of medical malpractice cases, expert witnesses are necessary to testify about the standard of care, the ways in which the defendant's deviation led to the plaintiff’s harm, and the extent of the plaintiff's damages.

Parties affected by negligent prenatal care may be entitled to recover various damages, including the cost of medical care such as occupational and physical therapy, assistive devices, and prescriptions. The injured child may also receive compensation for their pain and suffering, loss of earnings, and loss of enjoyment of life.

Competent prenatal care can offer expectant mothers peace of mind, but errors made by a healthcare provider during pregnancy can lead to substantial injuries. If your child suffered a birth injury due to negligent prenatal care, it is advisable to consult with an attorney to discuss your potential avenues for recovery. The experienced Syracuse attorneys of DeFrancisco & Falgiatano Personal Injury Lawyer take pride in helping families devastated by birth injuries seek damages for their losses, and if you hire us, we will advocate aggressively on your behalf. We regularly represent people in birth injury cases in Syracuse, where our main office is located, and in Rochester and other cities throughout Upstate New York. You can contact us via our form online or by calling 833-200-2000 to set up a free and confidential conference.