Articles Posted in Birth Injury

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The birth of a child should be a happy occasion. However, when the baby is born with a serious birth defect or genetic disorder, it can be extremely overwhelming for the parents. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys understand that your love for your child has no bounds, but you also do not want your child to go through a life of hardship. If you feel that you were not given a full disclosure about your child’s detectable health condition during pregnancy, you may be entitled to compensation for your harm.Legal News Gavel

A wrongful birth claim, also known as a wrongful life claim, is a type of medical malpractice claim that is made when a child is born with a birth defect, and the parents allege that the child would not have been born had it not been for the negligent advice or treatment of a medical professional. In essence, the parents often argue that if they had known that the child would be born with this condition or disorder, they would have chosen to terminate the pregnancy.

To establish such a claim, the plaintiffs must demonstrate that but for the medical professional’s breach of their duty to advise the plaintiffs, the plaintiffs would not have been required to assume the extraordinary obligations associated with raising the child because they would have had the opportunity to terminate the pregnancy. For example, certain types of defects, such as Tay-Sachs disease, sickle cell anemia, and Down’s syndrome, can be detected early in pregnancy and are examples of medical conditions that have been at the center of wrongful birth cases.

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Legal News GavelAn ultrasound examination for expecting parents is usually a happy and memorable event. Parents often come away with their first “picture” of their baby, which they can show to family and friends. Unfortunately, when certain issues are missed or misinterpreted on an ultrasound, the results can be devastating. If you believe that you or your baby suffered harm due to an ultrasound error caused by a medical professional’s negligence, you need to consult a reputable Rochester birth injury attorney without delay.

Ultrasound is an imaging method that uses high-frequency sound waves to produce images of structures within your body. The images can provide valuable information for diagnosing and treating a wide range of diseases and conditions. While ultrasounds are used for many reasons, one of the most common reasons is to view the uterus and ovaries during pregnancy and monitor the developing baby’s health. This typically happens during the second trimester of pregnancy, between 18 and 20 weeks as a way to make sure everything is going as it should.

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Legal News GavelThe joyous occasion of a birth can quickly turn into a nightmare if something is wrong with the baby. Unfortunately, the error or carelessness of a medical professional often leads to harm such as neonatal seizures. If your baby experienced seizures or is experiencing seizures after birth, you need to reach out to a skilled Rochester birth injury attorney who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have helped many families and can help you as well.

A seizure is uncontrolled electrical activity in the brain that generally produces physical convulsion. Neonatal seizures are typically characterized as seizures that take place within the first month of life. Seizures are typically signs of brain dysfunction. In newborns, seizures can be a sign that a baby suffered some type of brain damage. Often, they are the first sign of a birth injury. There are four types of seizures in newborns:

  • Subtle seizures:  blinking or rapid side-to-side eye movement, leg bicycling, and mouth smacking movements. These occur in about 50 percent of all newborns with seizures.
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Legal News GavelThere is nothing more stressful than realizing your child suffered a birth injury that could affect the rest of his or her life. If you believe your child’s birth injury was a result of medical malpractice, you may be entitled to seek compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester birth injury lawyers can meticulously review the facts of your case and provide you with an honest assessment of your claim. We understand how to advocate for victims of medical malpractice in an effective and efficient manner.

A stroke is considered a fetal stroke when it takes place anywhere between 14 gestational weeks of age and delivery. Fetal strokes are caused by restricted blood flow in the brain, which can result in the death of brain cells and lead to permanent brain damage. The consequences of such brain damage can include cerebral palsy, epilepsy, and cognitive impairment. Fetal strokes can be classified in one of two ways:

  • Hemorrhagic strokes, which occur when trauma causes damage to the brain’s blood vessels; and
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Legal News GavelEvery potential mother hopes for a smooth labor and delivery with no complications. The goal, after all, is a healthy baby. While the vast majority of women give birth without any serious complications, there are certain emergency situations that can arise, such as shoulder dystocia. Shoulder dystocia can be one of the scariest emergencies in the delivery room. If your child has been injured because a medical professional failed to handle shoulder dystocia properly, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester birth injury attorneys can analyze the facts of your case and help you determine your next steps.

Shoulder dystocia is a serious condition in which one or both of a baby’s shoulders become stuck behind the mother’s pubic bone during delivery. Put another way, shoulder dystocia occurs when an infant’s shoulder catches on the mother’s hips during childbirth. Approximately 1 percent of all deliveries experience shoulder dystocia complications. However, 20 percent of affected babies suffer temporary or permanent injuries.

When shoulder dystocia occurs, immediate and detail-oriented medical attention is needed. There are a number of last-minute safety techniques that can help prevent injury to the mother and infant. In some cases, an emergency C-section surgery will be required to deliver the baby because the umbilical cord may be compressed and cutting off oxygen to the baby’s brain. Failing to recognize and treat shoulder dystocia can lead to serious and long-term injuries to the newborn, including brain injury, brachial plexus damage, bone fractures, nerve injury, Erb’s palsy, maternal hemorrhage after delivery, cerebral palsy, and a variety of other dangerous health conditions.

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Legal News GavelAs people decide to have children at an older age, fertility clinics have grown in popularity. In addition, medical advances related to fertility have been a focus on medical researchers. For example, the NIH reports that the amount of research dollars related to fertility has grown from $78 million to $86 million over the last few years. However, as more people seek the services of fertility specialists, there are growing risks for New York birth injuries and prenatal care negligence. There is a current case pending before a New York court of appeals that revolves around the potential liability of a fertility clinic as it relates to genetically defective eggs.

The plaintiffs are two separate couples who allege that a New York fertility clinic, through the clinic’s fertility doctor, provided eggs that led to their children being born with genetic disorders. Both children have what’s known as Fragile X syndrome, which is a disease that can cause mental and physical developmental issues. The plaintiffs’ complaint alleges that the defendants, the fertility doctor and his clinic, failed to test the women who donated the eggs in question to assess whether those women were carriers for Fragile X syndrome. The damages relate to the expenses of caring for a disabled child.

The primary issue in the case is whether the claim is time-barred by New York’s statute of limitations for medical malpractice claims. Generally, the statute of limitations for a claim is 36 months from the date of the alleged act of malpractice.

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Legal News GavelChildbirth injuries can be caused by innumerable factors, but the most common reason for a childbirth injury is pre-term birth. Sometimes the patient shows warning signs or symptoms that she might be experiencing pre-term birth. The patient’s doctors have the responsibility to recognize those symptoms and act accordingly, or as formulated under New York law, perform medical services in accordance with the applicable standard of care. The plaintiff in a New York birth injury lawsuit claimed that her physicians did not heed the early warning signs, and as a result, her child was born deaf and with vocal cord damage. The jury agreed, awarding her $26 million in damages after a month-long trial.

The plaintiff conceived twin girls via in vitro fertilization. However, the plaintiff began showing signs of preterm labor only five months into her pregnancy. The plaintiff visited the Brooklyn medical center, where she was being treated, and complained of painful cramping and brownish fluid releases, which suggested signs of internal bleeding. During her two visits, the plaintiff was seen by a resident rather than an attending doctor. Both times, she was discharged. The plaintiff’s experts argued that the doctors could have prevented what happened next if they would have ordered bed rest or prescribed to her hormones that can suppress premature labor. The plaintiff had a sonogram one week later and learned that her cervix had shortened from three centimeters to one centimeter.

The plaintiff delivered twins later in the month while they were premature.  One of the twin sisters died a month after childbirth. The other twin suffered hearing loss and vocal paralysis, allegedly as a result of the medical center’s negligence.

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