Hip dysplasia, also known as congenital dysplasia of the hip, can be a serious birth injury. It may arise because a fetus’ hip joint doesn’t properly develop, or because a fetus’ ligaments are loose, or because the baby’s hip socket is shallow. When caused by complications during the labor and delivery process that result in broken femurs or other difficulties, hip dysplasia may be grounds to bring a birth injury lawsuit. If your child suffered hip dysplasia because of malpractice during gestation or labor and delivery, you should call the seasoned Syracuse medical malpractice lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys. We have sought best results for babies and their families for more than 30 years.Hip Dysplasia Claims
Risk factors for a baby developing hip dysplasia include breech birth, a first-born child, genetic predisposition, one leg looking shorter than the other in the ultrasound, wider than normal leg spacing, and folds in the skin looking uneven. When a doctor spots signs that a baby may develop hip dysplasia or already has it, he or she may need to perform certain tests to diagnose; these tests could include a physical exam and x-ray. The hip joint may need to be manipulated to check for a clicking sound or feeling that indicates improper formation of the hip. With an ultrasound, a doctor can look at the hip’s shape; when a shallow socket with the ball outside of it is seen, it may be appropriate to diagnose hip dysplasia.
Hip dysplasia can present along a spectrum from mild to severe. When more severe, hip dysplasia could involve a limp at walking age and hip pain. If your child was born with hip dysplasia, he or she may need treatment and therapy. These can be expensive. You may be wondering what your recourse is. Generally, getting hip dysplasia resolved when a child is young will yield better results. The body can become less receptive to treatment as a child ages. Treatment could include surgery, bracing, a fabric splint, or casting. When hip dysplasia is not treated, the result could be irreversible disability.Liability
Not every instance of hip dysplasia involves medical malpractice. Some hip dysplasia occurs as the result of a family history. However, it can be the result of a breech birth or a failure to address certain abnormalities that should have been treated.
In order to establish a health care provider’s liability for your child’s hip dysplasia, we will need to show it’s more likely than not: (1) the defendant owed you a professional duty of care, (2) breach of the duty to use reasonable care, (3) causation, and (4) damages. All doctors are expected to abide by the professional standard of care for other similar health care providers in the same specialty and geographical region. Often, it’s necessary to retain an expert to provide an opinion about what the professional standard of care was and how it breached.
There may be an actionable birth injury if there was a failure to diagnose and treat your baby’s hip dysplasia, there were errors in surgery that constituted a breach of the professional standard of care, avascular necrosis, or inappropriate care.Damages
If our lawyers are able to establish liability for your child’s hip dysplasia, we should be able to recover damages, both economic and noneconomic that flow from that birth injury. These may include pain and suffering, rehabilitation, physical therapy, medical bills, wage loss, out-of-pocket expenses, and replacement services.Consult a Seasoned Syracuse Birth Injury Lawyer
It is crucial to consult a stellar Syracuse birth injury attorney to get the best outcome after your child is born with hip dysplasia and you suspect it was the result of medical malpractice, whether in terms of diagnosis, treatment, or another medical decision. DeFrancisco & Falgiatano Personal Injury Attorneys has represented injured babies and their families in Buffalo, Albany, Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, Elmira, and all of Upstate New York for more than 30 years. For a free consultation, complete our online form or call us at 315-479-9000.