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Facial Paralysis Medical Malpractice in New York

Facial paralysis is a serious type of birth injury that prevents the muscles in the face from moving. If you believe your child suffered facial paralysis due to medical malpractice, we can help. By choosing DeFrancisco & Falgiatano Personal Injury Lawyers, you are selecting seasoned Syracuse birth injury attorneys who will work tirelessly on your behalf. You can rest assured that we will use our knowledge and resources to vigorously advocate for your rights throughout the legal process.

Facial paralysis, also known as Bell’s palsy, is a type of paralysis that results in an inability to control the facial muscles n the affected side. The condition is characterized by the swelling of the facial nerve, which then causes a droopy appearance around the eye and the mouth on the side of the face that was affected. The condition can range from mild to severe.

Studies show that per 1,000 births, newborns have facial paralysis in between 0.9 and 2.1 of them. Out of those who do not have the condition at birth, almost nine out of 10 are associated with a difficult labor. Specifically, during the delivery period, an infant’s face may have too much pressure on it, resulting in damaged nerves.

Facial nerve trauma is often a result of medical malpractice during the delivery process. The following factors during pregnancy or the birthing process may lead to facial paralysis:

  • Improper use of forceps during delivery;
  • Traumatic birth delivery;
  • Prolonged pregnancy;
  • Improper use of epidural anesthesia;
  • Prolonged labor;
  • Medication, such as Oxytocin; or
  • Viral infection (such as herpes).

Before any compensation can be recovered, medical malpractice has to be established. Medical malpractice occurs when a medical professional fails to offer the legally recognized and required standard of care, thereby injuring the patient. The ‘standard of care’ typically refers to the level of care that a prudent medical professional in the same specialty would have used under the same or similar circumstances. In short, when a medical professional makes a mistake while treating a patient, and the patient is injured because of that medical professional’s mistake, it will likely be considered medical malpractice.

Under Maryland law, there are two types of damages a medical malpractice victim can obtain. There are economic and non-economic damages. Economic damages are those that are awarded to a victim for out-of-pocket expenses, such as medical bills, lost wages, and rehabilitation costs. Non-economic damages, on the other hand, are those awarded to a victim for intangible losses, such as pain and suffering, emotional anguish, and loss of quality of life.

If you believe your child suffered a preventable birth injury, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Syracuse birth injury lawyers can scrutinize the facts of your case and provide you with an honest assessment of your claim. We are here to answer your questions and address your concerns. Begin your journey toward compensation today by calling us at 315-479-9000 or contacting us online.

More Blog Posts:

Speeding Collisions in New York, Syracuse Personal Injury Blog, July 30, 2018

Stairway/Staircase Falls in Syracuse, Syracuse Personal Injury Blog, July 23, 2018

The Process of Filing a Medical Malpractice Lawsuit in Syracuse, Syracuse Personal Injury Blog, July 16, 2018

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