Birth Trauma

Childbirth should mark the beginning of a hopeful future, yet for many families, it becomes a time marked by devastating medical complications. Birth trauma occurs when a newborn suffers physical harm during labor or delivery, often because of avoidable mistakes. Some injuries brought about by birth trauma heal with time, but many lead to lasting disabilities requiring constant care. The emotional weight of seeing a child struggle, coupled with the financial pressures of long-term medical needs, can be overwhelming. If your child is the victim of birth trauma, it is important to understand your rights, and you should talk to a lawyer about your potential claims. The dedicated Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Birth Injury Lawyers are committed to helping families who have endured the consequences of preventable birth trauma seek justice, and if you hire us, we will advocate zealously on your behalf. We represent injured parties in birth injury cases in Syracuse, Rochester, and across Upstate New York.

Birth trauma can arise from several avoidable circumstances during the delivery process. A prolonged or difficult labor increases the risk of injury, particularly when doctors fail to act quickly by ordering a cesarean section. Misuse of delivery tools, such as forceps or vacuum extractors, can cause skull fractures, bleeding inside the brain, or nerve damage that affects movement in the arms and shoulders.

Failure to monitor the baby’s oxygen levels or respond to abnormal fetal heart rate patterns can result in hypoxic-ischemic encephalopathy, which is a serious form of oxygen deprivation that often leads to lasting neurological harm. In some cases, excessive pulling or twisting of the baby during delivery can result in shoulder dystocia and related nerve injuries. The consequences of these types of birth trauma vary.

While some children may recover with limited treatment, others may suffer from permanent disabilities, requiring ongoing medical care, therapy, or surgical intervention. Beyond the physical injuries, families must also deal with the emotional trauma of knowing that their child’s suffering could have been prevented with competent medical care.

When a family pursues a birth injury lawsuit following birth trauma, they generally must prove that the injury resulted from medical negligence. In New York, negligence has four parts: duty, breach, causation, and damages, and a plaintiff must prove each part to prevail.

First, the plaintiff has to show that the defendant owed them a duty of care, which means they were legally obligated to offer treatment that aligned with the accepted standards of medical practice. A breach of that duty occurs when the care offered by the defendant falls below the standard.

Establishing causation requires the plaintiff to prove that the defendant’s breach directly caused the harm in question. In most instances, establishing the standard of care, the ways in which the defendant failed to uphold it, and proving a connection between the defendant’s breach and the plaintiff’s losses requires expert testimony.

A plaintiff who shows the defendant’s negligence may be compensated for their economic and non-economic losses. Economic damages encompass medical bills, therapy, assistive devices, and any lost future earnings if a child’s ability to work will be diminished. Non-economic damages address pain and suffering, loss of life’s enjoyment, and the emotional distress experienced by both the child and their parents.

The effects of birth trauma are often life-changing, reshaping the future not only for the injured child but for the entire family, and in many instances, constitute grounds for pursuing medical malpractice claims. If your child suffered harm as a result of birth trauma, it is critical to speak with an attorney who can evaluate your case and explain your rights. At DeFrancisco & Falgiatano Birth Injury Lawyers, experienced Syracuse birth injury attorneys understand the heavy emotional and financial toll that birth injuries place on families, and if we represent you, we will aggressively pursue any damages recoverable in your case to help your child obtain the care and support they need. Our primary office is in Syracuse, and we represent families impacted by preventable medical errors in Syracuse, Rochester, and across Upstate New York. Contact us today for a free, confidential consultation by calling 833-200-2000 or completing our online form.