Birth Injury FAQs

One of the most important birth injury frequently asked questions is what legally qualifies as a birth injury. A birth injury refers to harm suffered by a baby during pregnancy, labor, or delivery due to medical negligence or substandard care. While not every complication gives rise to a legal claim, New York law allows recovery when a healthcare provider fails to adhere to accepted medical standards and that failure causes injury. At DeFrancisco & Falgiatano, LLP Birth Injury Lawyers, our Syracuse birth injury attorneys often handle cases involving conditions such as cerebral palsy, Erb’s palsy, hypoxic brain injuries, and other trauma caused by delayed intervention, improper use of delivery instruments, or failure to monitor fetal distress.

Another key question about birth injuries is how negligence is established. Birth injury claims fall under the broader category of medical malpractice, which requires proof that a healthcare provider deviated from accepted medical practices. This involves demonstrating that a duty of care existed, that the provider breached that duty, and that the breach directly caused the injury. Plaintiffs typically rely on expert testimony from qualified medical professionals to explain how the care provided fell below accepted standards. These cases often involve reviewing medical records, fetal monitoring strips, and delivery notes to identify errors such as failure to perform a timely cesarean section or improper response to complications. Because of the technical nature of these claims, Syracuse birth injury attorneys play a crucial role in building a strong evidentiary foundation.

A common concern reflected in birth injury frequently asked questions is the type of compensation available. In New York, damages in medical malpractice cases can include both economic and non-economic losses. Economic damages may cover the cost of medical treatment, rehabilitation, assistive devices, and long-term care that a child may require over a lifetime. They may also include lost income if a parent must leave the workforce to provide care. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. At DeFrancisco & Falgiatano, LLP, our Syracuse birth injury attorneys frequently work with life care planners and financial experts to calculate the full extent of future costs associated with a child’s condition. The goal is to ensure that families have the financial resources necessary to provide for their child’s ongoing needs.

Timing is a critical issue discussed in birth injury cases because medical malpractice claims are subject to specific statutes of limitations. In New York, most medical malpractice claims must be filed within two years and six months from the date of the negligent act or from the end of continuous treatment related to the condition. However, special rules may apply in cases involving infants, potentially extending the time to bring a claim, although there are still statutory limits. Additionally, claims against public hospitals or government entities may involve additional requirements, such as filing a notice of claim within 90 days. Because these deadlines can be complex and strictly enforced, consulting a Syracuse birth injury attorney as early as possible is essential to preserving your rights.