The day a child is born should be filled with hope and joy, but for some families, it becomes the start of an unimaginable struggle. When doctors, nurses, or hospitals fail to uphold their duty to patients, childbirth can quickly turn into a tragedy. Labor and delivery malpractice occurs when medical providers act carelessly or fail to act when urgent intervention is required, leading to devastating injuries for newborns and mothers. The results are often life-altering, including permanent brain damage, paralysis, developmental delays, or even wrongful death. If your child sustained injuries at birth due to mistakes or oversights during labor and delivery, you have the right to seek compensation, and you should talk to an attorney. At DeFrancisco & Falgiatano Birth Injury Lawyers, our skilled Syracuse birth injury attorneys understand the devastating impact caused by preventable medical errors, and if we represent you, we will work tirelessly in pursuit of a just outcome on your behalf. We represent families impacted by birth injuries in Syracuse, Rochester, and throughout Upstate New York.
The Consequences of Labor and Delivery MalpracticeLabor and delivery malpractice is among the most serious forms of medical negligence because it strikes at the very beginning of life. Even small errors in judgment or hesitation in treatment can cause catastrophic harm. Failure to monitor a baby’s heart rate may result in prolonged oxygen deprivation, which can lead to cerebral palsy, seizures, or developmental delays. Improper use of tools such as forceps or vacuum extractors can cause nerve injuries, skull fractures, or lasting physical disabilities. Shoulder dystocia caused by excessive pulling or twisting can permanently damage the brachial plexus nerves, leaving a child unable to use their arm.
The harm caused by labor and delivery malpractice is not only physical but also emotional and financial. Families are often forced to confront the painful reality that their child may never live independently, requiring constant medical care, therapy, or specialized equipment. Parents may face the weight of medical bills, lost wages, and the emotional toll of knowing that their suffering was preventable.
Seeking Damages for Labor and Delivery MalpracticeFamilies impacted by labor and delivery malpractice will frequently pursue claims for their losses. In most instances, they must show the defendant’s negligence. Under New York law, negligence in the medical setting consists of four elements: duty, breach, causation, and damages. A duty exists whenever a medical provider takes responsibility for the care of a patient, which obligates them to act in line with the accepted medical standards. A breach occurs when the provider fails to act as a reasonably competent provider would have in the same circumstances. Causation requires the plaintiff to prove that the breach directly resulted in the harm suffered by the mother or child. Finally, the plaintiff must prove they suffered damages, which includes both the physical injuries and the resulting emotional and financial losses.
Because medicine involves specialized knowledge, most malpractice cases require expert testimony. Medical experts clarify what the standard of care required, how the defendant deviated from it, and how those failures caused injury. They also help assess the extent of damages by projecting the long-term medical needs of the child. Damages recoverable for birth injuries can include the cost of medical care, therapy costs, home modifications, and compensation for lost earning potential. Families may also receive compensation for non-economic losses such as pain and suffering, emotional trauma, and diminished quality of life.
Speak to a Trusted Birth Injury Attorney in Syracuse, Rochester, or Upstate New YorkThe aftermath of labor and delivery malpractice leaves families facing emotional heartbreak and financial strain. While no amount of compensation can undo the harm caused, pursuing a malpractice claim can provide the means to secure the care, support, and stability that families desperately need. If your family has been affected by labor and delivery malpractice, it is important to understand your options, and you should talk to an attorney. At DeFrancisco & Falgiatano Birth Injury Lawyers, our trusted Syracuse birth injury attorneys bring compassion, determination, and extensive experience to every case, and if you engage our services, we will advocate aggressively on your behalf. Our main office is in Syracuse, and we represent families in birth injury claims in Syracuse, Rochester, and across Upstate New York. Contact us for a free, confidential consultation at 833-200-2000 or through our online form.