Proven Results
Failure to Diagnose Nuchal Cord
Expectant parents place profound trust in their medical providers to recognize risks that can arise during pregnancy and labor. That trust becomes especially critical when complications arise that call for prompt recognition and decisive action. One critical condition that requires careful monitoring is a nuchal cord, which occurs when the umbilical cord becomes wrapped around the baby’s neck. When healthcare professionals fail to identify this complication, the baby may be denied oxygen during labor or delivery, resulting in devastating injuries that could have been prevented with proper care. Because these oversights can alter a child’s life forever, families often pursue legal action for the failure to diagnose nuchal cord to secure financial support for medical treatment, therapy, and long-term needs. If your child suffered harm due to negligent monitoring or mismanagement during pregnancy or childbirth, you may be entitled to compensation, and you should speak with an experienced attorney. At DeFrancisco & Falgiatano Birth Injury Lawyers, our dedicated Syracuse birth injury attorneys understand the complexities of obstetrical negligence claims, and if we represent you, we will work tirelessly to help you protect your interests. We regularly assist families in Syracuse, Rochester, and Upstate New York.
The Harm Caused by Failure to Diagnose Nuchal CordA nuchal cord is relatively common, but its impact varies widely depending on whether medical professionals detect and manage it appropriately. When the umbilical cord loops around the baby’s neck, it can tighten during contractions and restrict the flow of oxygen-rich blood. Without proper monitoring and intervention, this lack of oxygen can lead to severe and permanent injuries. Continuous fetal heart rate monitoring, careful ultrasound evaluation, and vigilant assessment of fetal well-being are essential for identifying warning signs.
When providers overlook abnormal tracings, delay necessary imaging, or dismiss signs of fetal distress, the failure to diagnose nuchal cord may result in catastrophic outcomes. Babies may experience hypoxic-ischemic encephalopathy, cerebral palsy, motor impairments, seizure disorders, or developmental delays that affect every aspect of their lives. The physical, emotional, and financial toll on families is immense. Parents often face extensive medical bills, long-term therapy expenses, and the emotional burden of caring for a child who may never achieve full independence.
Elements of a Birth Injury Claim Arising Out of the Failure to Diagnose Nuchal CordParents of children who suffer because of a doctor’s failure to diagnose nuchal cord will often seek redress via medical malpractice claims. In most instances, succeeding on such claims requires the plaintiff to prove the defendant’s negligence. Under New York law, a negligence claim consists of four essential elements: duty, breach, causation, and damages. Duty is established once the provider–patient relationship forms, and obstetric professionals are required to adhere to the accepted standards of prenatal and labor management. Those standards include monitoring fetal heart patterns, ordering timely ultrasounds, responding to signs of compromised oxygenation, and ensuring immediate intervention when fetal distress is evident.
A breach occurs when providers fail to meet these obligations. That may involve ignoring concerning changes in fetal heart rate, failing to perform additional diagnostic testing, or delaying delivery when the baby shows signs of distress. Because juries typically need expert guidance to understand the nuances of obstetric care, expert testimony is essential. Experts explain what competent practitioners would have done and how the deviation from accepted practice endangered the baby.
Causation requires demonstrating that the breach directly resulted in the baby’s injuries. Experts often testify that timely recognition of the nuchal cord would have allowed for a different method or timing of delivery, ultimately preventing hypoxia or brain damage. Once causation is established, the family must demonstrate damages.
New York law allows recovery for medical expenses, long-term treatment and therapy costs, assistive devices, and the cost of lifelong care when necessary. Economic damages may also include the child’s future lost earning capacity. Non-economic damages compensate for the child’s pain and suffering, decreased quality of life, and the family’s emotional distress stemming from the injury.
Speak With an Assertive Birth Injury Attorney in Syracuse, Rochester, and Upstate New YorkThe failure to diagnose nuchal cord can have lifelong consequences for a child and overwhelming emotional and financial effects on the entire family. If your child was injured because medical professionals failed to detect or manage a nuchal cord, it is in your best interest to consult an attorney to discuss your potential claims. At DeFrancisco & Falgiatano Birth Injury Lawyers, our assertive Syracuse birth injury attorneys are committed to helping families uncover the truth, understand their rights, and pursue fair compensation, and if we represent you, we will advocate vigorously on your behalf. We proudly represent clients in Syracuse, Rochester, and throughout Upstate New York. For a free and confidential consultation, contact us online or call 833-200-2000.
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