The moments after childbirth should be a hopeful time for a new family. Yet for some, this crucial time becomes the start of unimaginable hardship due to preventable medical mistakes. When healthcare professionals fail to provide the necessary care during this delicate period, the consequences can be life-altering. Whether due to inattentiveness, misjudgment, or a failure to act promptly, lapses in care after delivery can quickly escalate into emergencies. From undetected infections to untreated respiratory distress, the consequences of such negligent postnatal care are often severe, and in some cases, irreversible. If your child sustained injuries due to preventable errors after childbirth, it is critical to understand your options, and you should speak to an attorney as soon as possible. At DeFrancisco & Falgiatano, LLP Birth Injury Lawyers, our dedicated Syracuse birth injury attorneys understand that harm caused by careless mistakes can be catastrophic, and if you engage our services, we will advocate for the results you and your child deserve. We represent families in birth injury claims in Syracuse, Rochester, and across Upstate New York.
Harm Caused by Negligent Postnatal CareNegligent postnatal care can profoundly harm a newborn. Negligent postnatal care may involve the failure to recognize and treat conditions such as jaundice, low blood sugar, sepsis, or breathing problems. If not diagnosed and treated promptly, these issues can lead to developmental delays, brain damage, or other lifelong medical challenges. Many of these injuries are entirely preventable with adequate medical care. When providers fail to conduct necessary evaluations, ignore abnormal symptoms, or delay treatment, they place babies at significant risk. The emotional toll on families affected by negligent postnatal care is compounded by the financial burden of ongoing medical treatment and the psychological trauma of knowing the harm was avoidable.
Seeking Justice for Injuries Brought About by Negligent Postnatal CareMany families harmed by negligent postnatal care will seek justice via birth injury claims. Essentially, negligent postnatal care is a form of medical malpractice, and in most cases, the plaintiff must establish the defendant’s negligence to recover damages.
To show negligence under New York law, a plaintiff must prove that the defendant owed them a duty and that the duty was breached. Duty arises automatically when a healthcare provider accepts responsibility for the care of a mother and her newborn. That duty requires the provider to deliver care in accordance with accepted medical practices. A breach of that duty can occur when the provider fails to identify or respond appropriately to signs of postnatal complications. For instance, neglecting to monitor a newborn’s oxygen levels can constitute a breach of duty.
Next, the plaintiff must prove causation and damages. Causation requires a direct link between the breach and the injuries suffered. This means demonstrating that the injury would not have occurred had the provider acted competently. Damages are the physical, emotional, and financial losses that result from the negligence.
In nearly all cases involving negligent postnatal care, expert medical testimony is necessary to establish the standard of care and to show how the defendant's actions deviated from that standard. The expert must be qualified in the relevant field and provide a professional opinion with reasonable medical certainty. This testimony is critical to establishing causation and proving that the provider’s failure directly led to the injury.
Damages recoverable in a birth injury case can include the cost of medical treatment, rehabilitation, lost income, and future care needs. Plaintiffs may also recover for pain and suffering, emotional distress, and loss of enjoyment of life.
Talk to a Trusted Birth Injury Lawyer in Syracuse, Rochester, or Upstate New YorkEvery new parent expects that the medical professionals attending to them after childbirth will act with vigilance and competence. When that expectation is not met, and negligent postnatal care results in serious harm, families are often left with overwhelming questions and concerns. If your child was injured because of inadequate care in the hours or days following delivery, it is important to speak with an attorney about your potential claims. At DeFrancisco & Falgiatano, LLP Birth Injury Lawyers, our trusted Syracuse birth injury attorneys are committed to helping families recover the compensation they need to cope with the challenges of postnatal injuries, and if you hire us, we will fight tirelessly on your behalf. Our firm proudly serves clients in Syracuse, Rochester, and throughout Upstate New York. To schedule a free and confidential consultation, call us at 833-200-2000 or contact us online today.