Failure to Adequately Examine Newborns

Throughout pregnancy, expectant mothers often undergo diagnostic examinations to identify any potential conditions their unborn children might have that will require special attention upon birth. While many conditions are detectable through diagnostic imaging, some may not be evident until after delivery, which is why it is crucial for newborns to undergo thorough examinations. When a doctor fails to adequately assess a newborn, they may miss signs of chronic and acute health issues, which can result in serious complications. If your child sustained losses due to a doctor’s carelessness, it is essential to speak to an attorney about what compensation you may be owed. The assertive Syracuse birth injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are committed to assisting families harmed by the failure to adequately examine newborns in the pursuit of justice through civil lawsuits, and if we represent you, we will craft persuasive arguments on your behalf. We frequently represent parties in birth injury cases in Syracuse, as well as in Rochester and other cities in Upstate New York.

Doctors routinely conduct various tests on newborns to assess their health and identify any potential concerns. One critical examination is the Apgar test, which evaluates a child's appearance, activity, pulse, respiration, and grimace shortly after birth. Timely and thorough Apgar testing is essential in identifying issues like asphyxia, which, if not promptly addressed, can result in severe consequences such as brain damage or even death.

Metabolic screening tests, which check for conditions like Phenylketonuria, cystic fibrosis, sickle cell disease, Spinal Muscular Atrophy, Glycogen Storage Disease Type, Mucopolysaccharidoses, and Fabry Disease, are also commonly performed shortly after birth. Prompt diagnosis and treatment of these conditions are crucial to preventing long-term harm.

Healthcare providers are duty-bound to provide comprehensive and competent care to their patients. This duty includes adhering to the accepted and good standard of care, which is the level of care a competent practitioner in the same specialty would provide in similar circumstances. Breaching this duty can lead to medical malpractice liability.

In New York, proving medical malpractice often involves demonstrating negligence. The plaintiff, typically a parent in birth injury cases, must establish the applicable standard of care. The plaintiff must then show that the defendant breached this standard and that the breach proximately caused the damages. To establish the standard of care and the defendant’s breach and to show that said breach proximately caused the plaintiff’s injuries, the plaintiff will usually have to retain a medical expert who practices in the same field as the defendant.

In cases where a child suffers harm at birth, both the child and the child's parents may be entitled to damages. Parents may recover the cost of past and future medical treatment for the child until the age of eighteen. The child may be awarded compensation for future medical expenses, lost earnings, and damages for the pain and suffering resulting from the injury.

Doctors are entrusted with the responsibility of providing thorough care, and when this duty is breached, it can result in irreparable harm. If your child suffered an injury at birth due to inadequate examination by a doctor, it is in your best interest to talk to an attorney about your rights as soon as possible. The trusted Syracuse birth injury attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers are adept at proving negligent doctors should be held responsible for the harm they cause, and if you hire us, we will fight tirelessly on your behalf. Our main office is located in Syracuse, and we regularly represent families in birth injury cases in Syracuse and Rochester and also in various cities throughout upstate New York. You can reach us via the online form or call us at 833-200-2000 to schedule a complimentary and confidential conference regarding your case.