Childbirth can be a challenging experience, and at times, doctors may use devices like vacuums or forceps to aid in delivery. Undue force during delivery can lead to trauma, however, and, in some cases, result in long-lasting brain injuries, such as encephalomalacia. Children with encephalomalacia often have permanent health issues and, in many instances, require lifelong care. When encephalomalacia is the result of medical negligence, it may be grounds for pursuing claims against the responsible parties in a birth injury lawsuit. If your child developed encephalomalacia following birth, it is crucial to consult with an attorney promptly. The dedicated Syracuse birth injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are committed to helping families and children affected by preventable medical errors pursue justice for their losses, and if you engage our services, we will vigorously advocate on your behalf. We regularly represent people in birth injury lawsuits in Syracuse, where our primary office is located, and in Rochester and other cities in Upstate New York.Harm Caused by Encephalomalacia
Encephalomalacia, characterized by the softening of brain tissue, results from an interruption of the flow of blood to the brain. Trauma is a common cause of encephalomalacia, but it can also occur due to strokes or brain inflammation. For instance, aggressive delivery methods used by physicians can lead to brain trauma and, subsequently, encephalomalacia. Additionally, delayed C-sections can impair the flow of blood to the brain, which can subsequently lead to encephalomalacia.
In some instances, encephalomalacia may originate in one part of the brain and spread to adjacent areas. Unfortunately, after encephalomalacia develops, it cannot be reversed. Treatment focuses on addressing the associated symptoms rather than remediating the underlying harm. Encephalomalacia can lead to diminished coordination, impaired vision, and severe headaches. It can also result in memory loss, mood disorders, vertigo, and dizziness. Tragically, when encephalomalacia arises in infants, it can be fatal.Seeking Compensation for Encephalomalacia
When a child develops encephalomalacia because of a doctor’s errors during or after the child’s birth, their parents will frequently pursue damages through a birth injury lawsuit. Given that these errors are typically the result of carelessness rather than an intent to harm, most plaintiffs in birth injury cases allege the defendants acted negligently. Under New York law, to establish negligence in the realm of medical treatment, the plaintiff first must demonstrate that the defendant owed them a duty. Generally, the duty a doctor owes a patient is to provide them with care that aligns with the accepted and good standards of practice in the applicable community. Next, the plaintiff needs to prove that the defendant breached this duty in some manner.
Given that jurors and judges do not possess knowledge of the medical profession's standard of care, the plaintiff will typically need to hire an expert witness to testify about the standard and the ways in which the defendant departed from the standard. Finally, the plaintiff must establish a direct link between the defendant's departure from the standard of care and the harm suffered. In essence, they must show that the defendant's actions or omissions directly caused measurable losses. This often necessitates expert testimony, as defendants may argue that other factors caused the alleged injuries. A plaintiff who successfully demonstrates a defendant’s negligence in a birth injury case may be awarded compensation for their economic and non-economic harm.Talk to an Experienced Attorney Aiding People Injured by Medical Malpractice Recover Damages in Syracuse, Rochester, and Upstate New York
Encephalomalacia can result in severe symptoms, and when it is caused by inadequate medical care before and during an infant's delivery, it may be grounds for pursuing a birth injury lawsuit. If your child sustained encephalomalacia due to a physician's negligence, it is in your best interest to talk to an attorney about your potential claims. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyer possess substantial experience navigating the complexities of birth injury cases, and if you hire us, we will gather the evidence needed to give you a strong chance of obtaining a favorable outcome. We frequently aid parties in birth injury lawsuits 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 to set up a free and confidential meeting.