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Brooklyn Failure to Monitor and Treat Newborns Injury

During labor and delivery there are a variety of things that could go wrong. Furthermore, even when a delivery appears to have progressed without any problems, a baby can be born with a serious medical problem. It is up to the doctors and other members of the medical staff to closely monitor a newborn baby and quickly treat any problems. During the pregnancy, labor and delivery, complications can arise that could lead the baby to suffer a brain injury, respiratory problems, cerebral palsy, blindness, a spinal cord injury, developmental delays, or another other serious, life-altering personal injury. In some cases such injuries may not be immediately apparent. If the medical staff closely monitors the newborn baby, any serious medical problems can be diagnosed and treated. Otherwise the medial condition may get worse, causing the baby to suffer irreparable damage. In the same way that a victim of a car accident or some other type of serious accident can seek damages from the person who caused the accident, New York law allows victims of negligent medical professionals to seek damages as well. If your baby suffered a serious injury because a health care professional failed to properly monitor or treat your newborn, it is important that you immediately contact an experienced Brooklyn Failure to Monitor and Treat Newborns Injury Lawyer who will help you pursue compensation for your injuries and your child’s injuries through a medical malpractice lawsuit.

The Importance of Monitoring Newborns

The case of Scalisi v. Oberlander is an example of why monitoring newborns is important. In Scalisi v. Oberlander, 943 N.Y.S.2d 23 (N.Y. App. Div., 2012), tests were performed on plaintiff Stephanie Scalisi who was pregnant with her first baby. One test indicated mild hydrocephalus in the fetus. Hydrocephalus is a condition characterized by a build of fluid in the brain. Labor was induced and the baby was delivered. Although sonograms were taken and notes were put in the mother’s chart regarding the hydrocephalus, Scalisi’s doctors did not take appropriate steps to monitor the baby’s condition. Scalisi filed a medical malpractice lawsuit claiming that because the medical staff failed to diagnose the baby’s progressive hydrocephalus, failed to the monitor the baby’s for signs of both hydrocephalus and IVH, and failed to promptly refer the baby to a neurologist for follow-up treatment and testing, Scalisi’s baby suffered severe mental retardation.

Monitoring of newborns is critical as they are at risk for a number ailments and conditions:

  • Brain injuries: A baby may have suffered a brain injury during labor or delivery. However, brain injuries are not always immediately apparent. The symptoms may not become apparent for hours or days following birth. With close monitoring the medical staff should be able to diagnose a brain injury and start immediate treatment. A significant delay may result in the baby suffering irreparable harm.
  • Infections: Newborn babies are subject to infections. Common infections include sepsis, pneumonia and meningitis. Signs of an infection include poor feeding, respiratory problems, listlessness, persistent crying, skin rash, skin discoloration, or high or low temperature.
  • Jaundice: Jaundice is common in newborns. If jaundice is not diagnosed and treated, it can lead to brain damage.
Types of Monitoring

There are several different types of newborn monitoring. For example, blood tests should be taken to test for jaundice, infections and other ailments. Monitoring the baby’s heart rate can alert the medical staff to cardiac issues. Other tests check the baby’s oxygen saturation and other indicators for potential problems.

Pursuing Compensation

Medical malpractice occurs when a medical professional such as an obstetrician, pediatrician, nurse, or other healthcare departed from good and accepted standards of care in treating a patient and as a result the patient suffers an injury. Thus, if a doctor fails to monitor your newborn and treat any problems, and as a result your baby are injured, New York law allows you to hold that doctor and other medical professionals legally and financially liable.

Medical expenses. The negligent party may be required to compensate you for your baby’s medical bills related to the injuries suffered because of the medical mistake. Examples of compensable medical expenses include emergency room treatment, hospital stays, visits to the doctor, rehabilitation, developmental and physical therapy, medical equipment and prescriptions.

Pain and suffering. The court may also award damages based on the physical and mental anguish you experienced from your injuries and recovery.

Wrongful death. If as a result of a medical error your newborn baby did not survive, you may hold the negligent medical staff accountable through a wrongful death lawsuit.

Brooklyn Failure to Monitor and Treat Newborn Injury Lawyer

If you suspect that your baby was injured because your doctor, nurse, or other healthcare professional failed to properly monitor and treat your newborn baby, do not hesitate to immediately contact someone with experience. The staff at Stephen Bilkis and Associates is experienced in successfully representing clients and families of clients who have suffered injuries due to mistakes made by medical professionals, as well as those injured in car accidents, truck accidents, construction accidents, and other types of accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.