Articles Posted in Birth Injury

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monetary judgmentCerebral palsy is a devastating birth injury that can have lifetime consequences for a child. If your child has been diagnosed with cerebral palsy, you have the right to know if it was the result of medical malpractice. Our reputable Syracuse cerebral palsy attorneys will investigate the circumstances of your injury to determine if malpractice occurred.

A jury recently awarded the family of a boy $130 million in a medical negligence case after he suffered severe brain damage at a Detroit hospital, resulting in cerebral palsy. According to the complaint, technicians at the hospital failed to give chest compressions to the boy when it was required and his brain was deprived of oxygen leading to permanent injury. The boy was just two months old when the injury took place in 2006. He is now 12-years-old and requires a lot of assistance in day-to-day life, including needing help getting in and out of the bathtub. The boy’s mother looks after him full time. The jury made its decision after a three-week civil trial. The hospital plans to appeal.

Suing for Birth Injuries

Damage to the developing brain during or after birth can cause cerebral palsy. Cerebral palsy is a broad medical term used to describe many neurological disorders that affect movement and muscle coordination. While the condition does not worsen over time, it can have a costly and lifelong impact on an individual’s life. Cerebral palsy is often the result of a lack of oxygen to the brain at birth, decreased blood flow to the brain, or trauma and hemorrhage can injure the brain tissue.

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young childThe birth of a child is supposed to be one of the happiest times in your life, but it can quickly become stressful when something goes wrong. If your doctor failed to diagnose or treat infant jaundice, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Syracuse medical malpractice attorneys have the determination, skill and experience to handle your case. We will analyze the circumstances surrounding your child’s injury to determine if there is enough evidence to file a lawsuit.

Jaundice, also referred to as hyperbilirubinemia, is characterized by a yellowish discoloration of the eyes and skin of a newborn infant. This happens because the baby’s blood contains excessive amounts of bilirubin, a pigment that is released when red blood cells are broken down. Under normal circumstances, the liver removes bilirubin from the body, but in some newborn children, the liver is not mature enough to do this properly. When jaundice is not identified and goes untreated, a condition called kernicterus can develop. Kernicterus is a type of brain damage caused by very high levels of bilirubin in the blood.

Six out of every ten children are born with some degree of jaundice that is diagnosed as a relatively minor condition. Most infants recover from jaundice on their own with non-invasive treatments; however, if jaundice is severe or goes untreated then newborns may experience severe health problems such as hearing loss, vision problems, intellectual disabilities and even cerebral palsy.

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Legal News GavelThe birth of a child is supposed to be a joyous occasion but it can quickly become incredibly stressful if there is a maternal infection threatening the health of a mother or child. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys understand the nuances of this area of law. We will meticulously examine the facts of your case and identify medical errors that may have led to your maternal infection.

One of the most common factors leading to birth injuries or defects is maternal infection. A maternal infection is an infection acquired by the mother who then transmits the infection to the fetus. The infection can be transmitted in one of two ways: through the placenta prior to the birth or through the birth canal during labor and delivery when the baby is exposed to maternal blood. Untreated maternal infection can cause miscarriage and birth defects. Common examples of maternal infections include, but are not limited to:

  • Tocoplasmosis;
  • Choriomnionitis;
  • Urinary tract infections;
  • Group B streptococcus;
  • Hepatitis B;
  • HIV;
  • Rubella.

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Legal News GavelIf your child suffered birth injuries as a result of fetal macrosomia, you may be the victim of medical malpractice. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse medical malpractice attorneys are committed to holding negligent medical malpractice parties accountable for the harm that they cause.

According to the Mayo Clinic, the term “fetal macrosomia” describes a newborn baby that is significantly larger than your average infant. To be diagnosed with fetal macrosomia, a baby must have a birth weight of more than 8 pounds 13 ounces irrespective of the fetus’s gestational age. As you can imagine, a baby this big can create dangerous complications for the birthing process. Fetal macrosomia is hard to detect during pregnancy but the condition can put a child at higher risk of lifelong injuries, including cerebral palsy, Erb’s palsy, hypoxic ischemic encephalopathy, brain bleeds and other traumatic injuries. The American Academy of Pediatrics reports that a little more than 10 percent of all pregnancies in this country result in macrosomia.

There are certain signs and symptoms of fetal macrosomia that doctors are trained to recognize. In addition, doctors can detect and diagnose macrosomia through an ultrasound, measuring the abdominal circumference, conducting the Leopold maneuver (i.e., by pushing on a mother’s abdomen) and/or by measuring the pregnant woman’s fundal height.

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Legal News GavelThroughout pregnancy, the umbilical cord provides the baby with what it needs to grow properly. If your child suffered an umbilical cord complication due to medical negligence, you need to reach out to a highly skilled Syracuse medical malpractice attorney who is well versed in this area of law. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to holding negligent medical professionals responsible for the harm that they cause. You can rest assured that we will work tirelessly to help you secure the compensation you deserve in your case.

The umbilical cord serves as the lifeline between mother and child, providing essential nutrients and oxygen to the fetus throughout the pregnancy. In short, the umbilical cord is how the fetus is connected to the placenta during gestation. The placenta is the organ in the womb that gives the baby nutrients and eliminates waste products. Umbilical cord problems may put a mother and her newborn child at serious risk. Umbilical cord complications include, but are not limited to:

  • Umbilcal cord prolapse and compression;
  • Umbilical cord knots;
  • Nuchal cord;
  • Umbilical cord strangulation;
  • Umbilical hernias.

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Legal News GavelWrongful birth actions can be extremely emotional and legally challenging. If you believe you have a wrongful birth case, you need to contact a seasoned Syracuse birth injury attorney who can investigate your situation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our team is dedicated to protecting your rights at every step of the way. With years of experience, we know how to navigate these claims in a compassionate and diligent manner.

A wrongful birth case is an actionable tort in New York. This claim may arise if you have a child born with a birth defect that could have been detected early in the pregnancy, or that was a condition for which you should have been tested and of which you should have been informed before conception. Put another way, in a wrongful birth claim, parents claim that they would have avoided conception or terminated a pregnancy but for a medical professional’s negligence in prenatal testing, genetic prognosticating, or counseling on the chances of giving birth to a child with a birth defect.

Physicians are expected to provide competent care in both prenatal testing and during pregnancy. There are a number of circumstances that can lead to a wrongful birth. Types of diseases or conditions that are detectible include but are not limited to:

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Legal News GavelThe birth of a baby is supposed to be one of the happiest days in a parent’s life, but it can quickly turn into a nightmare if things don’t go well. If a doctor fails to perform a C-section in a timely manner, the baby can suffer a wide range of adverse health consequences, including brain damage. If you suspect that your child suffered a birth injury because a doctor failed to perform a timely C-section, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse birth injury attorneys can analyze the facts of your case and determine whether malpractice took place.

Doctors perform a Cesarean delivery, also known as a C-section, when it would be safer for either the mother or the baby than a vaginal birth. The procedure is performed by making an incision in the mother’s abdomen, and the baby is delivered. Obstetricians are trained to recognize the signs of fetal distress but may often have to perform C-sections in a number of situations. A failure to perform a timely C-section is often caused by a failure to recognize that the baby is in fetal distress, a failure to closely monitor the mother and child during late pregnancy and labor or a failure of the hospital or physician to book an operating room and perform the procedure quickly enough.

A delayed C-section can result in a wide range of birth injuries, including brain damage, cerebral palsy, shoulder dystocia, development disabilities, or transfer of diseases. In addition, a delayed C-section can deprive the baby’s brain of oxygen, leading to serious conditions such as Erb’s Palsy. In the most serious cases, a delayed C-section can lead to the death of a baby.

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Legal News GavelIf you believe your child is suffering from cerebral palsy due to a medical professional’s negligence, you need to reach out to a seasoned Syracuse cerebral palsy attorney who can handle your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can meticulously analyze the facts of your case and advise of you of your rights and options.

Approximately 764,000 children and adults have cerebral palsy in the United States. About 10,000 babies born each year will develop the condition. Cerebral palsy is a broad term that refers to a number of neurological disorders that can affect the development of the part of a child’s brain that controls motor skills and movement. ‘Cerebral’ means having to do with the brain, whereas ‘palsy’ means weakness or problems related to the muscles. As a result, cerebral palsy can lead to serious physical disabilities stemming from tremors, joint and bone deformities, and balance problems. In some cases, the condition can cause cognitive problems and seizures as well.

In a lot of cases, cerebral palsy is a direct result of medical mistakes. Cerebral palsy can result from a number of acts or omissions by a medical professional, including:

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Many couples deciding that they would like to start a family realize that they need medical professional help to do so. Fertility clinics have grown in number, leading to what some news outlets have called a “fertility boom.” One advantage of using a fertility clinic is that medical professionals can conduct genetic testing to determine the presence of certain diseases and disorders. However, a recent lawsuit against a Syracuse fertility clinic shows that a failure to conduct certain genetic testing, requested by the patients, could be medical malpractice in New York State.

The jury in the New York Supreme Court of Schenectady County recently awarded a $7.5 million verdict in a New York medical malpractice lawsuit against a Syracuse fertility clinic. The couple alleged that the fertility clinic acted negligently when it failed to perform a crucial genetic test. The couple’s daughter was born in 2011 with cystic fibrosis, a disease that is a genetic disorder that affects the lungs.

The services contract with the fertility clinic included a cystic fibrosis genetic marker test, and it required the fertility clinic to inform the couple of the results before implantation. The plaintiffs alleged that the fertility clinic never performed the test and sought damages to support their daughter’s care.

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