When a child suffers harm due to medical negligence at birth, the pursuit of justice that follows can be both emotionally daunting and legally complex. Birth injury cases are among the most complicated and high-stakes types of medical malpractice litigation, and the outcome of such lawsuits can significantly impact a family’s future. Hospitals and insurance companies often deny responsibility or seek to minimize the extent of harm, and choosing the best birth injury lawyer can make the difference between an inadequate settlement and a result that truly meets a child’s long-term needs. If your child suffered harm at birth, it is prudent to speak with an attorney regarding your options for protecting your interests. At DeFrancisco & Falgiatano Personal Injury Lawyers, our knowledgeable Syracuse birth injury attorneys possess the skills and resources needed to prevail in cases against negligent providers, and if you hire us, we will build a compelling case on your behalf to help you maximize your chances of recovery. We routinely represent families in Syracuse, Rochester, and Upstate New York in birth injury cases.
Why Choosing the Best Birth Injury Lawyer Matters in Birth Injury LitigationBirth injury lawsuits require a deep understanding of both medical standards and obstetrical procedures, as well as the long-term implications of neonatal trauma. These cases often involve highly technical evidence, extensive expert testimony, and complex analyses of causation. Choosing the best birth injury lawyer means selecting someone who can integrate all of these elements into a persuasive and cohesive narrative.
In New York, to recover damages in a birth injury lawsuit, plaintiffs usually must demonstrate that the defendant healthcare provider was negligent. In other words, they must show that the defendant owed the plaintiff a duty to provide care consistent with accepted medical standards and that the defendant breached the duty owed by failing to meet those standards. The plaintiff also has to show that the defendant’s breach directly caused the child’s injury.
To effectively establish negligence, an attorney must be well-versed in both the legal framework of the claim and the medical context of the defendant’s actions. This includes issues such as fetal monitoring, cesarean delivery timing, and the risks posed by conditions like shoulder dystocia or oxygen deprivation.
In most birth injury cases, expert testimony is necessary to establish both the standard of care and the causal link between the provider’s conduct and the injury. A lawyer handling a birth injury case must know how to identify qualified experts, prepare them to testify, and integrate their opinions into a persuasive case narrative. Choosing the best birth injury lawyer involves selecting counsel who can anticipate the defenses that may be raised and who has the ability to counter those defenses with well-supported arguments and credible evidence.
In addition to proving liability, a birth injury attorney must present and substantiate damages accurately. Recoverable damages in a birth injury case may include the costs of future medical care, therapeutic services, adaptive equipment, home modifications, and lost future earnings. Non-economic damages are also available and may compensate for pain and suffering, emotional distress, and the child’s diminished ability to enjoy life. Calculating and presenting these damages requires collaboration with medical experts, economists, and life-care planners.
Choosing the best birth injury lawyer ensures that these professionals are part of your legal team from the beginning and that the evidence is presented in a manner that can withstand challenges from the defense or insurance representatives.
Meet With a Seasoned Birth Injury Attorney in Syracuse, Rochester, or Upstate New YorkChoosing the best birth injury lawyer is about more than experience. It is about trust, integrity, and a shared commitment to obtaining justice for your child. If your child was hurt by medical negligence before or during the birthing process, you may be owed compensation, and you should talk to an attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse birth injury attorneys possess the knowledge, skill, and dedication necessary to hold negligent medical providers accountable, and if we represent you, we will guide you through every stage of the legal process. Our primary office is in Syracuse, and we represent clients throughout Syracuse, Rochester, and Upstate New York. Call us today at 833-200-2000 or fill out our online contact form to learn more about your legal options.