Articles Posted in OB-GYN Errors

Published on:

New York medical malpractice cases typically hinge on the sufficiency of each party’s expert testimony. If a party fails to provide an expert report, or his or her expert reports are deemed inadmissible, it can have a devastating effect on the party’s position. In a recent OB-GYN malpractice case in which the plaintiff alleged her child suffered harm due to negligent pre-natal care, the  Appellate Division of the Supreme Court of New York addressed the impact of orders limiting the admissibility of evidence on both parties. If your child suffered an injury due to inadequate medical care during your pregnancy it is essential to meet with a capable Syracuse OB-GYN malpractice attorney to discuss the facts of your case and to develop a plan for seeking damages for your child’s harm.

Factual Background

Allegedly, the plaintiff mother began suffering pregnancy complications, including bleeding and leaking fluid, when she was twenty-five weeks pregnant. She was referred to the defendant obstetrician-gynecologist, who examined her and scheduled a follow-up appointment. Prior to the next appointment, the plaintiff mother once again began bleeding and therefore went to the emergency room. She was subsequently transferred to another hospital, where she went into labor. Because the plaintiff infant was in a breech position, he was delivered via a cesarean section.

Reportedly, the plaintiff mother was twenty-eight weeks pregnant at the time of the plaintiff infant’s birth. The plaintiff infant was diagnosed with cerebral palsy. The plaintiffs subsequently filed a lawsuit against the defendant obstetrician gynecologist, alleging his malpractice caused the plaintiff infant to suffer severe and permanent injuries. The defendant filed a motion for summary judgment, which the court denied, finding there were triable issues of fact. The defendant then filed a motion to deem the plaintiff’s expert witnesses’ testimony inadmissible. The court denied that motion and the defendant appealed.

Continue reading

Published on:

Expectant parents rely on their obstetricians and gynecologists to protect the health of their unborn child and to ensure the child is delivered safely. Unfortunately, ob-gyns do not always provide adequate care, which can cause a child to sustain devastating and permanent injuries during birth. In the majority of cases, expert medical testimony is required to prove that the treatment provided deviated from the standard of care and therefore caused a child’s harm. Recently, a New York court explained when expert medical testimony should be barred under the Frye test, in a case in which the plaintiff alleged her child suffered injuries at birth due to her ob-gyn’s negligent care.  If your child suffered injuries at birth due to the negligent care provided by your ob-gyn, it is vital to speak with a trusted Syracuse ob-gyn malpractice attorney regarding your options for seeking compensation for your harm and the harm of your child.

Factual Background

Allegedly, the plaintiff was treated by the defendant ob-gyn during the course of her pregnancy, and during the birth of her child on April 14, 2006. The child had normal Apgar scores at birth and appeared to be in good health. Reportedly, when the child was two to three months old, the mother noticed that the child did not move her right hand. Subsequently, an MRI performed in March 2007 revealed that the child suffered a chronic infarct in the left frontal lobe of her brain. Subsequent tests revealed the child had severe brain damage caused by a remote cerebral injury.

It is reported that following her child’s diagnoses, the plaintiff filed an ob-gyn malpractice lawsuit against the defendant, arguing that the defendant’s failure to properly manage her labor and delivery and failure to perform an emergency Cesarean section in a timely manner caused the child’s harm. Prior to trial, the defendants filed a motion seeking a Frye order prohibiting the plaintiff’s expert from testifying that the plaintiff suffered an intrapartum injury during labor and delivery, on the basis that it relied upon a novel theory that was not generally accepted by the medical community.

Continue reading

Published on:

If a medical malpractice case proceeds to trial, whether a not the jury finds in favor of the plaintiff largely hinges on the testimony and evidence offered by each party. Generally, a jury is free to credit or discredit the evidence presented and a jury’s verdict will not be disturbed unless it is clear the verdict could not have been reached through a fair interpretation of the facts of the case.

The Appellate Division of the Supreme Court of New York recently explained the standard for evaluating a jury’s verdict in a medical malpractice case, in a case where the jury found in favor of the defendant. If you suffered damages due to incompetent medical treatment, you should consult a knowledgeable Syracuse medical malpractice attorney to discuss the circumstances surrounding your treatment and whether you may be able to recover damages for your harm.

The Plaintiff’s Treatment and Subsequent Lawsuit

Allegedly, the defendant performed a procedure on the plaintiff, which was intended to prevent her from becoming pregnant. During the procedure the defendant placing a coil into each of the plaintiff’s fallopian tubes, which caused inflammation and the closure of the tubes. The tubes placed during the procedure contain nickel. The defendant did not test the plaintiff for a nickel allergy before or after the procedure. The plaintiff subsequently tested positive for a nickel allergy. She then filed a medical malpractice case against the defendant. The case was tried in front of a jury and the jury found in favor of the defendant. The plaintiff filed a motion to set aside the verdict as against the weight of the evidence. The trial court denied the order, after which the plaintiff appealed.

Continue reading

Published on:

The 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.

Continue reading

Published on:

Every year, women in New York and throughout the country make choices about the type of birth control they want to use to help with family planning. If you believe that you have been the victim of IUD medical malpractice, you need to reach out to a seasoned Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have extensive experience representing victims of medical malpractice throughout New York.

An IUD is a tiny device that is put into a woman’s uterus to prevent pregnancy. Essentially, IUDs prevent pregnancy by changing the way the sperm cells move so they cannot reach an egg. These devices are long-term, reversible and one of the most effective birth control methods available to women.

Three years ago, mother-of-one T.S., consulted with her physician and decided to get an intrauterine device (IUD). She had it in for three years and it never gave her any problems until last November when she felt a sharp pain. She went to the hospital and an x-ray revealed the birth control had shattered into pieces and shifted far up her stomach into her liver.

Continue reading

Published on:

An ectopic pregnancy must be promptly diagnosed to prevent serious complications such as long-term injury, fertility issues and even death. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys have handled a wide array of New York medical malpractice claims and can apply our knowledge to your case.

By definition, an ectopic pregnancy is one that is outside of the uterus. Put another way, when a fertilized egg gets implanted in any place besides the uterus, it results in what is known as an ectopic pregnancy. This can be quite a deadly complication, as when an embryo is growing in an enclosed space, it cannot go anywhere. It simply keeps growing in a spot it is not supposed to and the woman may suffer a variety of symptoms including, but not limited to:

  • Pain in the back or on one side of the abdomen;
  • Pain in the tip of the shoulders;
  • Vaginal bleeding;
  • Feeling faint consistently;
  • Diarrhea.

Continue reading

Published on:

The 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.

Continue reading

Published on:

Genetic testing is a medical breakthrough that allows people to know whether they are at risk for certain life-threatening conditions. For example, genetic testing can be used to determine whether someone is at an elevated risk for certain types of cancer. If the physician analyzes the testing correctly, he or she may suggest that a patient undergo preventative surgery to greatly reduce the risk of cancer developing. Unfortunately, as a recent lawsuit shows, sometimes doctors can negligently perform genetic testing and perform completely unnecessary surgeries on a patient. A New York medical malpractice lawyer can help you bring a claim if this has happened to you.

The plaintiff, a woman in her mid-30s, went to visit an obstetrician-gynecologist, who reviewed her genetic testing and concluded that she had a 50% probability of being diagnosed with breast cancer and an 80% chance of being diagnosed with uterine cancer. As a result of the genetic testing, the plaintiff stated that she underwent the recommended procedures, a double mastectomy and a hysterectomy, to reduce her chances of getting those forms of cancer.

Her OB-GYN tested her for two specific gene mutations after the plaintiff notified her physician of a family history of cancer. The lawsuit alleges that the results were negative, but the nurse practitioner misinterpreted the results, and the plaintiff was allegedly told that she had a gene mutation that increased her risk of breast and uterine cancers. The nurse practitioner, who misinterpreted the results, referred the plaintiff to specialists, including a gynecologist, who performed her hysterectomy, and another surgeon, who performed her double mastectomy and reconstruction. The lawsuit complaint alleges that neither of the doctors independently confirmed the genetic testing results.

Continue reading

Justia Lawyer Rating
Contact Information