Negligent Prenatal Care

Pregnancy should be a time of joy, anticipation, and careful preparation for a child’s arrival. Expectant mothers trust their medical providers to guide them through this critical period with diligence, skill, and compassion. Unfortunately, when providers fail to uphold that trust, the consequences can be devastating. Negligent prenatal care, like the failure to diagnose maternal infections, genetic conditions, or other complications, may result in avoidable birth injuries, long-term disabilities, or even loss of life. If your child sustained injuries due to negligent prenatal care, you may be able to recover damages from the providers responsible for their harm, and you should speak to an attorney. At DeFrancisco & Falgiatano, LLP Birth Injury Lawyers, our capable Syracuse birth injury lawyers are adept at advocating for victims of medical negligence, and if you engage our services, we can aid you in the pursuit of accountability. We represent families in birth injury cases in Syracuse, Rochester, and across Upstate New York.

Negligent prenatal care can have catastrophic consequences. Common complications that arise from negligent prenatal care include untreated gestational diabetes, preeclampsia, infections like Group B Streptococcus, or congenital abnormalities that could have been managed or mitigated if detected in time. Additionally, negligent prenatal care can lead to premature birth, intrauterine growth restriction, brain damage, or even stillbirth. The physical, emotional, and financial consequences of these outcomes can last a lifetime. Parents may face overwhelming medical costs, the need for full-time caregiving, and the emotional toll of raising a child with profound disabilities.

When a healthcare provider fails to provide appropriate prenatal care, it can lead to serious and avoidable conditions, and many families impacted by such errors will seek compensation via legal action. Lawsuits arising out of negligent prenatal care fall under the category of medical malpractice, and in most instances, will include negligence claims against the defendant.

First, the plaintiff must prove that the defendant healthcare provider owed a duty to the plaintiff. This duty, which is automatically established when a doctor-patient relationship exists, requires the defendant to offer care that is consistent with accepted medical standards. The plaintiff then needs to show that the defendant breached the duty by failing to meet that standard, such as by neglecting to order appropriate diagnostic tests, ignoring symptoms of complications, or failing to refer the patient to a specialist.

Next, the plaintiff has to establish causation and damages. Causation requires a showing that this breach directly led to the injury sustained by the child. For instance, if a failure to diagnose preeclampsia leads to a placental abruption, and the baby is born with brain damage, causation can often be established. Finally, damages refer to the harm suffered as a result of the breach. In birth injury cases, these damages can be both economic and non-economic, including medical expenses, costs of future care, loss of earning potential, pain and suffering, and emotional distress.

In nearly all negligent prenatal care cases, expert testimony is required to explain what the standard of care was, how the provider failed to meet it, and how that failure caused the injury. Expert witnesses must be qualified in the same field as the defendant healthcare provider and must establish these facts to a reasonable degree of medical certainty.

If a case is successful, a plaintiff may recover compensation to cover lifelong medical care, assistive devices, therapy, lost income, and damages for pain and suffering. In cases of gross negligence or egregious error, punitive damages may also be available.

Prenatal care is fundamental to protecting the health and safety of both mother and child. When doctors, nurses, or other medical professionals fail to provide this care with the competence required by the law, they must be held accountable. If you believe that negligent prenatal care caused harm to your child, you may have grounds to seek compensation, and you should talk to an attorney. The knowledgeable medical malpractice attorneys at DeFrancisco & Falgiatano, LLP, Birth Injury Lawyers are committed to helping families harmed by preventable medical errors, and if we represent you, we will aid you in seeking the justice you deserve. Our office is conveniently located in Syracuse, and we offer free and confidential consultations in Syracuse, Rochester, and throughout Upstate New York. To learn more about how we can help you, call us at 833-200-2000 or contact us online today.