Few moments are as eagerly anticipated as the birth of a child. Medical errors that cause birth injuries can lead to lifelong issues, however, and the emotional and physical toll on a family can be overwhelming. While money cannot repair the harm caused by medical negligence, in many instances, families devastated by birth injuries can recover compensation to mitigate their losses. The best birth injury lawyers understand the gravity of these cases and the profound impact they have on a child's future and a family's well-being, and will work to uncover what went wrong. At DeFrancisco & Falgiatano Birth Injury Lawyers, our dedicated Syracuse birth injury attorneys are committed to helping families throughout Syracuse, Rochester, and Upstate New York hold careless providers accountable and pursue the justice they deserve. If your child suffered harm at birth, we will fight to help you seek the compensation needed to support your child’s needs.
Understanding the Scope and Consequences of Birth InjuriesBirth injuries can occur when doctors or nurses fail to respond appropriately to signs of fetal distress, misuse medical instruments, delay in ordering a cesarean section, or improperly manage conditions such as preeclampsia or umbilical cord complications. The best birth injury lawyers recognize that these mistakes are not simply accidents but potential breaches of the standard of care that healthcare providers are legally obligated to meet. The resulting harm can be severe. Some children suffer oxygen deprivation during delivery, which leads to permanent brain damage, while others experience nerve injuries during a difficult extraction. In many cases, these conditions require lifelong medical treatment, adaptive equipment, therapy, and specialized education. The emotional toll on parents and siblings is equally profound, as families must adjust to a new reality.
What sets the best birth injury lawyers apart is their ability to translate the clinical aspects of a birth injury into compelling legal arguments. These attorneys collaborate closely with medical experts to uncover exactly how and why the injury occurred. They evaluate not only what happened during labor and delivery but also whether appropriate prenatal assessments and monitoring protocols were followed. By building a comprehensive picture of the medical events leading to injury, these lawyers provide the court with the evidence necessary to establish liability and advocate for fair compensation.
Demonstrating Liability in Birth Injury CasesMost birth injuries are the result of carelessness. As such, to demonstrate liability in a birth injury case, the plaintiff will most likely have to show that the defendant was negligent. Under New York law, negligence is made up of four components: duty, breach, causation, and damages. The first element, duty, arises from the established relationship between the healthcare provider and the patient. This duty requires the provider to act in accordance with the standard of care expected of reasonably competent professionals practicing in the same specialty under similar circumstances. The second element, a breach of the duty owed, occurs when a provider deviates from those accepted standards. For instance, failing to recognize signs of fetal hypoxia, improperly using forceps, or delaying emergency surgical intervention may constitute a breach.
To satisfy the next element, causation, the plaintiff must show that the breach of duty directly caused the child’s injury. Causation is often hotly contested in birth injury cases because defense counsel may argue that the injury resulted from unavoidable complications or pre-existing conditions. The best birth injury lawyers understand that compelling evidence, including testimony from medical experts, is needed to demonstrate the standard of care and the manner in which the defendant failed to uphold the standard, and to establish causation.
The final element is damages. In birth injury cases, damages may include past and future medical expenses, home care costs, special education, lost future earnings, and pain and suffering. In some cases, plaintiffs may also recover for emotional distress and loss of companionship. The best birth injury lawyers know how to work with life care planners, vocational experts, and economists to project the true cost of the child’s lifetime needs. This is essential to ensuring that any settlement or verdict provides sufficient resources to care for the child well into adulthood.
Contact a Trusted Birth Injury Attorney in Syracuse, Rochester, or Upstate New YorkWhen a child suffers a preventable injury at birth, families are left to cope with medical, emotional, and financial burdens that can last a lifetime. The best birth injury lawyers are those who combine legal skill with substantial resources and a tireless commitment to their clients. At DeFrancisco & Falgiatano Birth Injury Lawyers, our trusted Syracuse birth injury attorneys understand the gravity of these cases, and if you hire us, we will fight to hold the providers responsible for your harm accountable. Our main office is in Syracuse, and we represent injured parties in Syracuse, Rochester, and Upstate New York. To speak with a dedicated Syracuse birth injury attorney about your rights, call us at 833-200-2000 or contact us online to schedule a free and confidential consultation.