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Evidence in Birth Injury Cases
When families pursue legal action for the harm their child suffered during delivery, the outcome often depends on the strength of the proof presented in court. Evidence in birth injury cases is the foundation upon which claims are built, as it allows parents to show what went wrong, how it caused injury, and why a provider should be held responsible. Without clear, compelling evidence, even serious cases of negligence can be difficult to prove. If your child sustained injuries at birth, it is critical to understand what evidence you must offer to recover damages, and you should talk to an attorney. At DeFrancisco & Falgiatano Birth Injury Lawyers, we understand how critical strong evidence is in these complex lawsuits, and if we represent you, we will dedicate our resources to uncovering every available piece of information to support your claims. We represent families seeking justice for birth injuries in Syracuse, Rochester, and throughout Upstate New York.
The Role of Evidence in Birth Injury CasesFamilies who suffer losses due to birth injuries will often pursue claims against the parties responsible for their harm. Generally, to establish liability a plaintiff in a birth injury case must prove the defendant’s negligence. In New York, negligence is made up of four components: duty, breach, causation, and damages, and evidence is the key to each element. To prove duty, attorneys often introduce hospital charts or provider schedules that show the existence of a physician-patient relationship and the responsibilities that relationship created. Evidence of a breach is usually found in delivery records, fetal monitoring strips, and testimony from medical experts who review the documents and conclude that the provider fell below the accepted standard of care. Causation is frequently established through diagnostic testing, imaging, or laboratory results that link the provider’s conduct to the injuries suffered.
Evidence in birth injury cases can also demonstrate the damages caused by the defendant’s errors. These cases often involve reviewing medical records, delivery notes, electronic fetal monitoring strips, and hospital policies to determine whether the accepted standard of care was met. For example, records may reveal that a physician failed to respond to signs of fetal distress, or that a nurse did not escalate concerns when complications arose. Witness statements from medical staff or family members can shed light on decisions made in the delivery room, while diagnostic tests and imaging studies show the extent of a child’s injuries.
The harm caused by birth injuries is often permanent. A child who suffers oxygen deprivation during labor may be diagnosed with cerebral palsy, a lifelong condition that affects mobility and speech. Improper use of forceps or vacuum extractors can cause skull fractures, nerve damage, or lasting facial paralysis. By documenting these injuries and connecting them to medical errors, evidence in birth injury cases not only tells the story of what happened but also captures the devastating impact on families’ lives.
The Role of Expert Testimony as Evidence in Birth Injury CasesExpert testimony is a key piece of evidence in birth injury cases. Experts interpret the raw data and facts of the case and explain its meaning in the context of medical practice. For instance, a fetal monitoring strip may look like a series of numbers and lines to a layperson, but an expert can explain how it reflected a dangerous drop in oxygen levels and why failing to intervene in time constituted malpractice. Similarly, imaging scans or neurological assessments can be used to show not only the existence of an injury but also its likely future impact. Experts also explain what was required of the defendant under the standard of care, and how the defendant failed to uphold their obligations. Finally, experts can connect the harm suffered to the defendant’s mistakes.
Meet with a Capable Birth Injury Attorney in Syracuse, Rochester, or Upstate New YorkFamilies devastated by preventable medical errors during childbirth deserve both answers and accountability. If your child was harmed during delivery, it is critical to speak with an attorney as soon as possible so that evidence can be preserved and your rights protected. At DeFrancisco & Falgiatano Birth Injury Lawyers, our capable Syracuse birth injury attorneys know how to gather, analyze, and present the evidence necessary to build compelling cases, and if you hire us, we will zealously pursue the justice you deserve. Our primary office is in Syracuse and we represent clients in Syracuse, Rochester, and across Upstate New York. You can contact us today at 833-200-2000 or through our online form for a free and confidential consultation.