Signs and Symptoms of Birth Injuries

The signs and symptoms of birth injuries can vary widely, but they often indicate that a child has suffered harm during pregnancy, labor, or delivery as a result of medical negligence. The consequences of birth injuries can be profound, leading to lifelong physical, cognitive, or emotional challenges that demand extensive medical care, specialized therapies, and ongoing support. Families faced with these devastating realities often struggle with not only emotional pain but also overwhelming financial burdens. Fortunately, when birth injuries arise from preventable medical errors, New York law provides families with the right to pursue justice through a medical malpractice claim. If you are concerned that your child is exhibiting the signs and symptoms of birth injuries, it is important to understand your options, and you should speak to a lawyer. The experienced Syracuse birth injury attorneys at DeFrancisco & Falgiatano Birth Injury Lawyers understand the devastating impact these injuries can have on families, and if we represent you, we will tirelessly pursue the compensation you deserve. We are dedicated to advocating for families impacted by birth injuries throughout Syracuse, Rochester, and Upstate New York.

Recognizing the signs and symptoms of birth injuries is the first step in determining whether a healthcare provider’s negligence contributed to a newborn’s harm. Certain injuries, such as cerebral palsy, brachial plexus injuries, or hypoxic-ischemic encephalopathy, often stem from preventable complications that occur when a medical professional fails to act in accordance with the accepted standards of obstetrical care. For example, a failure to monitor fetal distress or to promptly perform a cesarean section when warranted can lead to oxygen deprivation that causes permanent brain injury. Other forms of negligence may involve the improper use of forceps or vacuum extractors, the failure to address maternal infections, or the mishandling of a shoulder dystocia during delivery. When these errors occur, the resulting symptoms in the newborn, such as abnormal muscle tone, excessive irritability, or poor feeding, may be telltale indicators of underlying trauma or neurological injury.

While the signs and symptoms of birth injuries can indicate medical malpractice, a plaintiff must establish a provider’s fault to establish liability. Generally, this means that the plaintiff must establish that the healthcare provider acted negligently. Under New York law, a negligence claim in a medical malpractice lawsuit consists of four elements: duty, breach, causation, and damages. The plaintiff must first prove that the defendant owed a duty of care to the mother and child. This duty is inherent in the provider-patient relationship and obligates healthcare professionals to adhere to the accepted standards of medical practice in their field. The second element, breach, requires showing that the defendant failed to act in accordance with these standards. Breach can occur through action or inaction, such as failing to monitor fetal distress, delaying delivery despite clear signs of complications, or misusing medical instruments during birth.

The third element, causation, demands proof that the breach of duty directly caused the injury. This is often the most contested issue in medical malpractice litigation, as the defense may argue that the injury was due to natural complications rather than negligence. Finally, the plaintiff must prove damages, meaning that the child suffered measurable harm as a result of the negligence. Damages can include medical expenses, costs for future care, pain and suffering, emotional distress, and loss of enjoyment of life.

In birth injury cases, expert witnesses, often physicians specializing in obstetrics, neonatology, or pediatric neurology, play a critical role in clarifying the standard of care and explaining how the defendant’s conduct deviated from it. They may also testify regarding prognosis and the long-term impact of the injury on the child’s development and quality of life.

Damages in birth injury cases can cover both economic and non-economic losses, including the cost of hospitalization, rehabilitation, assistive technology, educational accommodations, and home modifications. It can also include damages for emotional suffering and the loss of the normal life experiences that both the child and family might have enjoyed absent the injury. Because many birth injuries result in permanent disabilities, the damages awarded in successful claims can be substantial, reflecting the lifelong nature of the harm sustained.

If you have observed the signs and symptoms of birth injuries in your child and suspect they resulted from medical negligence, it is vital to speak with an attorney as soon as possible. Legal action not only provides financial relief for your family’s immediate and long-term needs but also helps ensure accountability within the medical system. The compassionate and experienced Syracuse birth injury lawyers of DeFrancisco & Falgiatano Birth Injury Lawyers can evaluate your case, explain your rights, and help you seek the best outcome possible. Our main office is located in Syracuse and we represent clients throughout Syracuse, Rochester, and Upstate New York in claims arising from negligent medical care during childbirth. To arrange a free and confidential consultation, contact us online or call us at 833-200-2000.