Brooklyn Failure to Respond to Medical Problems in the Mother

In order to ensure the health of a pregnant woman and her baby, it is important that the medical professionals respond to any medical problems that arise. If the mother does suffer from a medical problem during her pregnancy, the result could be extremely dangers to the mother. Furthermore, an untreated or improperly treated ailment in the mother could result in a catastrophic birth injury for the baby. Many such problems develop because the mother had pre-existing risk factors. However, even when the mother has preexisting problems, monitoring and an appropriate treatment plan can minimize additional problems and harm to the baby. Sadly, each year in New York serious birth injuries occur that could have been avoided with careful monitoring. For example, a baby may suffer a brain injury, neck injury, shoulder dystocia, birth hypoxia, a spinal cord injury, seizures, cerebral palsy, developmental delays, or some other type of personal injury if the mother suffers from an unchecked medical problem. 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 you or your baby suffered a serious injury as a result of a failure of health care professionals to monitor your medical problems, it is important that you immediately contact an experienced Brooklyn Failure to Respond to Medical Problems in the Mother Injury Lawyer who will help you pursue compensation for your injuries and your child’s injuries through a medical malpractice lawsuit.

If a pregnant woman has medical problems before her pregnancy or developed medical problems during her pregnancy, it is incumbent upon the health care workers caring for her to monitor those problems and treat them appropriately. Common medical problems that should be closely monitored include:

• High blood pressure
• Diabetes
• Cardiac problems
• Blood-clotting disorders
• Substance abuse
• Abdominal trauma
• Kidney disease
• Obesity
• Infections

Women with medical problems or risk factors are more likely to experience certain pregnancy complications such as:

• Gestational diabetes
• Pre-eclampsia
• Heart problems
• Placental eruptions
• Preterm labor
• Infections
• Cervical problems

In Flink v. Escamilla, 2015 NY Slip Op 31949(U) (N.Y. Sup. Ct., 2015), plaintiff Michael Flink filed a wrongful death lawsuit to recover damages for the defendant’s negligent prenatal care of his deceased wife, Natalia Nicolaeva. The plaintiff alleged that the physicians that cared for his pregnant wife failed to recognize the symptoms of preeclampsia. Plaintiff argued that Nicolaeva presented with enough protein in her urine to meet the diagnostic criteria of severe preeclampsia. Based on the showing of protein in urine, the medical staff should have immediately confirmed the results. Instead, the follow up test was delayed. Furthermore, Nicolaeva showed signs of edema and other indicators of preeclampsia. Nicoleava died in her home 2 days prior to her scheduled to return to the hospital for the follow up urine test. The court found that there was enough evidence for the Flink’s wrongful death case to proceed.

Medical malpractice occurs when a medical professional such as an obstetrician, nurse, or other health care professional fails to take reasonable care and as a result the patient suffers an injury. Thus, if a doctor fails to properly respond to your medical problems and as a result you or your baby is 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 medical bills. The medical expenses portion of damages should include every medical expense that you incurred over the course of receiving treatment as well as future medical expenses.

Lost income. If as a result of the medical mistake you end up missing a work, your damages could include compensation for the income you lost. Similarly, if a medical mistake resulted in you being disabled in some way that will reduce your future ability to earn a living, you may be entitled to compensation for the reduction in earning potential.

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 a medical professional fails to respond to a medical problem in a pregnant woman, and as a result the mother passes away, then the medical staff may be required to pay damages to the family of the decedent.

If you suspect that you or your baby was injured because your doctor, nurse, or other health care professional failed to respond to your medical problems , do not hesitate to immediately contact an experienced New York birth injury attorney. The staff at Stephen Bilkis and Associates is experienced in successfully representing 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.