Assisted Birth Injuries

Childbirth can shift from routine to critical in seconds, and when medical providers choose to intervene with delivery assistance tools, the margin for error becomes dangerously small. Assisted birth injuries occur when forceps or vacuum devices are used without proper judgment, technique, or timing, turning an effort to expedite delivery into a source of profound and permanent harm. These injuries are not an unavoidable consequence of difficult labor; they are often the result of preventable medical mistakes made under pressure. If your child sustained assisted birth injuries, it is important to understand your options, and you should speak to an attorney. At DeFrancisco & Falgiatano Birth Injury Lawyers, our experienced Syracuse birth injury attorneys advocate for families seeking accountability after traumatic delivery outcomes, and if we represent you, we can help you seek compensation for the lifelong challenges your child may face. We routinely assist families with birth injury claims throughout Syracuse, Rochester, and Upstate New York.

Assisted birth injuries most commonly arise during forceps-assisted or vacuum-assisted vaginal deliveries, which are often attempted when labor is prolonged, the baby shows signs of distress, or the mother is unable to push effectively. These interventions require precise placement, controlled force, and continuous reassessment of whether it is safe to proceed. Problems arise when providers apply excessive traction, make repeated vacuum attempts, improperly position forceps, or persist with assisted delivery despite warning signs that the procedure should be abandoned in favor of a cesarean section.

The harm caused by assisted birth injuries can be severe and multifaceted. Infants may suffer skull fractures, intracranial hemorrhage, subgaleal hemorrhage, facial nerve damage, brachial plexus injuries such as Erb’s palsy, spinal cord trauma, or oxygen deprivation leading to hypoxic-ischemic encephalopathy and cerebral palsy. Some injuries are immediately apparent, while others emerge over time as developmental delays, motor impairments, or cognitive deficits become evident. These injuries often require extensive medical treatment, rehabilitation, and long-term support, placing significant emotional and financial strain on families.

Under New York law, families may have the right to pursue compensation for assisted birth injuries. Generally, to recover compensation for such harm, a plaintiff in a birth injury case must demonstrate the defendant’s negligence. Under New York law, this means they must show that the defendant owed them a duty, that the defendant breached that duty, and that the breach caused them to suffer actual harm.

Duty arises once a provider–patient relationship is established. Pursuant to this duty, obstetricians, nurses, and hospitals must provide care consistent with accepted medical standards during labor and delivery. A breach of duty occurs when a provider fails to meet these standards. In cases arising out of assisted birth injuries, breaches may include attempting an assisted delivery when contraindications are present, misapplying forceps, using excessive traction, exceeding recommended vacuum attempts, failing to recognize fetal distress, or delaying an emergency cesarean section. Hospitals may also be liable for inadequate training, poor supervision of residents or midwives, or staffing and communication failures in the labor and delivery unit. Because these issues involve specialized obstetrical knowledge, expert testimony is almost always required. Qualified experts can explain how a reasonably competent provider would have managed the delivery and how the defendant’s conduct deviated from accepted practice.

Causation requires proof that the breach was a substantial factor in causing the child’s harm. In matters involving assisted birth injuries, this often involves demonstrating that improper use of instruments or delayed intervention directly resulted in trauma, bleeding, or oxygen deprivation that would not have occurred with appropriate care.

Under New York law, children injured due to assisted birth injuries may recover economic damages, including neonatal intensive care, surgeries, therapy and rehabilitation services, assistive devices, special education costs, and future medical care. Given that many birth injuries result in lifelong disabilities, future care and support needs are often substantial. Non-economic damages may also be awarded for pain and suffering, loss of enjoyment of life, and the enduring impact of permanent impairment.

Assisted birth injuries can alter the course of a child’s life in moments, leaving families to navigate complex medical needs and uncertain futures. If your child suffered serious injuries related to an assisted delivery, it is essential to speak to an attorney as soon as possible. At DeFrancisco & Falgiatano Birth Injury Lawyers, our experienced Syracuse birth injury attorneys are committed to holding negligent providers and hospitals accountable, and if we represent you, we will pursue the full compensation you need to secure long-term care and stability for your child. We have an office in Syracuse and proudly represent clients throughout Syracuse, Rochester, and Upstate New York. You can contact us today to schedule a free, confidential consultation through our online form or by calling 833-200-2000.