Types of Compensation for Birth Injuries

The cost of raising a child is significant under typical circumstances. When a child suffers harm at birth, however, the costs associated with their care can be astronomical. While money alone cannot repair the losses caused by a birth injury, it can help alleviate the financial stressors that arise due to such wounds, and many people are able to recover damages in birth injury lawsuits against the providers responsible for their damages. If you want to learn more about the types of compensation for birth injuries you may be able to recover in a civil lawsuit, it is advisable to consult an attorney as soon as possible. The Syracuse birth injury attorneys of DeFrancisco & Falgiatano Birth Injury Lawyers have ample experience helping families harmed by negligent doctors, and if we represent you, we will fight to help you seek the maximum compensation available. We frequently represent injured people in birth injury cases in Syracuse, Rochester, and throughout Upstate New York.

In New York, compensation for birth injuries includes a wide range of damages available to both the injured child and their parents. Generally, the types of compensation for birth injuries aim to address both the economic and non-economic losses suffered by the plaintiffs.

Economic damages include medical expenses such as the cost of immediate medical care, including surgeries, medications, and hospitalizations, as well as long-term treatments like physical therapy, occupational therapy, and rehabilitation. As children who suffer birth injuries often need treatment and assistance throughout their lifetime, plaintiffs can also typically recover damages for the cost of future medical care the injured child will need, which are often quantified in a life care plan. Additionally, compensation can cover the cost of assistive devices, home modifications, and specialized education to accommodate the child's needs.

Parents may seek compensation for lost wages if they need to take time off work to care for their injured child. Similarly, if the child’s ability to earn an income in the future is reduced due to their injury, they may be able to recover damages for their loss of future earning capacity.

Non-economic damages generally address the intangible impacts of a birth injury. This can include the pain and suffering endured by the child, emotional distress and mental anguish experienced by both the child and parents, and loss of enjoyment of life. In cases involving willful negligence, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.

In order to recover the various types of compensation for birth injuries, the injured parties must first establish liability. Typically, this means they must show the defendant’s negligence. In New York, a plaintiff arguing a defendant healthcare provider was negligent must first demonstrate the existence of a duty, which is the legal obligation the defendant owes to the patient to provide care that constitutes the good and accepted practice of medicine. Next, the plaintiff needs to show that the defendant breached the standard of care. This breach can include actions such as improper use of delivery instruments, failure to monitor fetal distress adequately, delayed response to complications, or incorrect administration of medication.

The plaintiff then must prove causation. In other words, they must demonstrate that the defendant’s breach of duty directly caused the birth injury. This step often requires expert testimony from medical professionals who can explain how the healthcare provider’s actions or inactions led to the injury. Finally, the plaintiff must show that actual damages resulted from the injury.

If your child suffered an injury at birth, it is important to understand the types of compensation for birth injuries available in a civil lawsuit, and it is wise to talk to an attorney. The capable Syracuse birth injury lawyers of DeFrancisco & Falgiatano Birth Injury Lawyers possess the skills and resources needed to help families harmed by birth injuries establish liability, and if you hire us, we will zealously pursue the best outcome possible in your case. Our principal office is located in Syracuse. We frequently represent people in birth injury cases in Syracuse as well as in Rochester and throughout Upstate New York. To schedule a confidential and free conference, you can reach us through our online form or by calling us at 833-200-2000.