Birth Injury Lawyers

The birth of a child should mark the beginning of a bright future. When medical professionals make preventable mistakes during labor or delivery, however, that future can be forever altered. Birth injuries are among the most devastating types of medical malpractice because they often lead to lifelong, permanent physical and cognitive impairments that require specialized care. Medical malpractice cases arising out of birth injuries involve highly sensitive issues and complex questions about what went wrong during pregnancy, labor, or delivery. Birth injury lawyers play a critical role in helping families uncover the truth, hold negligent providers accountable, and recover compensation that can help secure resources needed for their child’s treatment. At DeFrancisco & Falgiatano Birth Injury Lawyers, our seasoned Syracuse birth injury attorneys have the resources and experience to handle these emotionally charged and medically complicated cases with the care they deserve. If your child suffered injuries during birth, we will zealously advocate for the justice your family deserves. We represent injured parties in birth injury cases in Syracuse, Rochester, and throughout Upstate New York.

Birth injuries can occur when healthcare providers fail to meet the accepted standard of care during pregnancy, labor, delivery, or in the immediate postpartum period. These injuries often result from delayed cesarean sections, improper use of delivery tools, failure to monitor fetal distress, mismanagement of maternal health conditions, or neglect to respond appropriately to complications such as umbilical cord prolapse or shoulder dystocia. The injuries themselves vary in severity, but common outcomes include cerebral palsy, brachial plexus injuries (such as Erb’s palsy), skull fractures, brain damage due to oxygen deprivation, and severe developmental delays.

For the families affected, the toll is not only emotional but also financial. Many children who suffer a birth injury will require lifelong assistance, including ongoing medical treatment, physical therapy, assistive technologies, and continuous care. Parents may be forced to leave their jobs, modify their homes, and seek out specialized educational services. Birth injury lawyers work closely with medical experts to assess how the injury occurred and with financial specialists to determine the resources needed to care for the child over a lifetime. These legal professionals serve not only as advocates in the courtroom but also as partners in helping families navigate the significant challenges that follow a preventable medical error during childbirth.

In New York, birth injury lawsuits fall under the umbrella of medical malpractice and are typically based on negligence. Birth injury lawyers play a central role in proving negligence and securing compensation for injured children and their families. From the outset, the attorney conducts a comprehensive investigation into the circumstances surrounding the pregnancy, labor, and delivery. This process includes obtaining and reviewing all relevant medical records, consulting with leading medical experts, and identifying whether any actions by healthcare providers fell below the accepted standard of care.

To build a strong case, birth injury lawyers must demonstrate that the healthcare provider owed a legal duty to the patient. This duty is generally established by the provider-patient relationship and requires that care be delivered in a manner consistent with what a reasonably skilled provider in the same specialty would have done under similar circumstances. Once the duty is established, the attorney will work to prove that the provider breached that duty. Examples of a breach include failure to monitor fetal heart tones, mismanagement of maternal complications, improper use of delivery tools, or a delay in performing a necessary cesarean section.

Next, the attorney must establish that the breach of duty was the direct cause of the child’s injury. This element, known as causation, is often the most hotly contested issue in a birth injury case. Medical experts retained by the attorney are critical at this stage. These specialists review the medical timeline and explain how the provider’s failure to act appropriately resulted in specific harm to the newborn. Defense attorneys may argue that the injuries stemmed from unavoidable complications or pre-existing conditions, but an experienced birth injury attorney will anticipate and challenge those defenses using well-supported expert testimony.

Once liability is established, the attorney will focus on damages. Birth injuries frequently result in substantial economic and non-economic losses. The attorney will document current and projected medical expenses, the cost of assistive devices, in-home care, special education needs, and loss of future earning potential. Additionally, the attorney will present evidence supporting compensation for pain and suffering, emotional anguish, and loss of quality of life. To build a compelling case for damages, birth injury lawyers often collaborate with life care planners, economists, and vocational experts to fully account for the child’s lifelong needs.

For families who are coping with the aftermath of a preventable injury during childbirth, the legal process can be daunting. However, with the support of knowledgeable and experienced birth injury lawyers, families can pursue the financial resources needed to care for their child. At DeFrancisco & Falgiatano Birth Injury Lawyers, our trusted Syracuse birth injury attorneys take pride in helping birth injury victims fight to hold those responsible for their harm accountable, and if we represent you, we will set forth compelling arguments on your behalf. We have an office in Syracuse and regularly represent people in birth injury cases in Syracuse, Rochester, and throughout Upstate New York. You can contact us at 833-200-2000 or reach out online to schedule a free and confidential consultation.