Earlier this week we wrote about
cerebral palsy cases and how they can be the result of
Poughkeepsie medical malpractice. These types of cases are especially difficult for families faced with
a child suffering from the birth injury caused by a negligent health care
provider. Particularly painful is the fact that diagnosing the condition
may not occur for several years after the birth of a child, and therefore
several years after the negligence occurred, delaying the commencement
of preventative or rehabilitative treatment.
You should also know that fetal asphyxia is an extremely common form of
cerebral palsy. Many other families have gone through the pain associated
with this disease, and our
experienced Poughkeepsie medical malpractice attorneys have litigated these cases.
Fetal asphyxia occurs in utero when a baby is starved of oxygen. This may
be caused by trouble with the placenta, umbilical cord compression, among
other things. The oxygen deprivation may also occur during child birth
or shortly thereafter, and is commonly referred to as perinatal asphyxia
or birth asphyxia.
Other causes of this complication are from a prematurely detached umbilical
cord that which occurred during delivery, or when the cord becomes folded
over in cases of infarction, and even when the umbilical cord ruptures
entirely. Babies in a breech orientation, orientated to the side, or when
labor was especially long may be contributing factors of perinatal asphyxia.
The birthing process will typically involve more than one doctor, several
nurses, and various other medical personnel all of whom know that fetal
asphyxia causes cerebral palsy and other neurological problems. The infant’s
heart rate can reveal signs of distress, but nonetheless, complications
continue to occur.
When failing to recognize the signs of infant distress during delivery,
it is an indication that proper procedures, protocols, and skill were
not used. Using one’s training and following the standard of care
requisite for practice in a field of specialization is required at all
times during the course of medical treatment.
When the medical provider(s) fail to follow the required standard of care
and breach their duty to the patient, actionable negligence arises if
the breach was the proximate cause of the patient’s injury. Victims
may recover compensatory damages for past medical costs, future medical
costs, pain, suffering, among other things. Additionally, if the
medical malpractice was willful, wanton, and/or reckless, victims may also be able to recover
Are you interested in learning more about birth injuries? Visit our latest
article for more information on the
various types and why they can be medical malpractice here. You can also read our previous blog posts for more about
cerebral palsy injuries or
brachial plexus injuries caused by birth injuries.
Our medical malpractice attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie,
and Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.