The birth of a child is typically a moment of celebration and promise. Sadly, in some instances, the joy that typically surrounds an infant’s birth is marred by profound physical, emotional, and financial losses brought by a preventable medical error. Families are often left reeling in the aftermath of such trauma, facing not only the reality of a child’s lifelong medical condition but also the staggering costs associated with ongoing care and support. Although money alone cannot repair the harm caused by medical negligence, damages in birth injury cases can help families rebuild their lives and plan for the future. If your child suffered an injury at birth, it is critical to understand your rights, and you should talk to an attorney about what compensation you may be owed. The skilled Syracuse birth injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers take pride in advocating for victims of medical negligence, and if we represent you, we will help you pursue just compensation for every aspect of your loss. We frequently represent families in Syracuse, Rochester, and Upstate New York birth injury cases.
Understanding the Scope of Recoverable Damages in Birth Injury CasesIn medical malpractice litigation involving birth injuries, the term “damages” encompasses both the tangible and intangible losses sustained by the child and family. Economic damages are typically extensive and may include the cost of hospitalizations, surgeries, medications, physical and cognitive therapy, assistive technology, in-home nursing care, special education services, and adaptive equipment.
In many cases, economic damages are projected over the course of the child’s lifetime through expert-developed life-care plans and financial models that reflect inflation and anticipated cost increases. Families may also recover for lost future earnings the child would likely have attained if not for the injury, as well as the loss of income experienced by parents who must leave the workforce or reduce their hours to provide care.
In addition to these quantifiable losses, non-economic damages are available to account for the child's pain and suffering, the emotional distress experienced by the family, and the diminishment in the child’s ability to enjoy life’s experiences. Unlike some jurisdictions, New York does not impose statutory caps on non-economic damages in medical malpractice cases, which allows a jury to assess and award damages based on the unique circumstances of each case.
Proving Negligence in a Birth Injury ClaimTo secure compensation for damages in birth injury cases, a plaintiff must first establish that the healthcare provider’s fault, which, in most cases, means they must establish the provider was negligent.
Under New York law, Medical negligence requires proof of four elements: duty, breach, causation, and damages. The duty element is generally straightforward; once a provider-patient relationship exists, the medical professional owes the patient a duty to deliver care that aligns with the standard of care, which is what is considered the good and accepted practice of medicine in the relevant community. This includes vigilant monitoring of both maternal and fetal well-being, timely responses to complications during labor, and competent use of interventions such as forceps, medications, or cesarean delivery.
A breach of that duty occurs when a provider fails to act in accordance with the applicable standard of care. Common breaches in birth injury cases may involve failure to detect fetal distress, delay in ordering an emergency C-section, misinterpretation of fetal monitoring strips, or incorrect administration of medications. The plaintiff must then establish that the breach caused the child’s injury. This is often the most hotly contested issue in a medical malpractice lawsuit and typically requires expert testimony from a physician in the same specialty as the defendant. The expert must explain how the provider’s actions deviated from the standard of care and directly resulted in harm to the newborn.
Finally, the plaintiff must prove damages that resulted from the injury. This step requires the submission of detailed medical records, expert life-care plans, economic projections, and testimony that illustrates the full extent of the injury’s impact on the child’s life and development.
Talk to an Experienced Birth Injury Attorney in Syracuse, Rochester, or Upstate New YorkDamages in birth injury cases are not simply about assigning a dollar figure to an injury; they are about ensuring that injured children and their families have access to the support and care they will need for decades to come. If your child was harmed by a preventable medical error at birth, it is wise to talk to an attorney about what steps you can take to protect your family’s interests. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse birth injury attorneys understand that every birth injury case represents a unique and deeply personal tragedy, and if you engage our services, we will help you to seek full and fair compensation for your losses. Our main office is in Syracuse, and we regularly represent clients in birth injury cases throughout Syracuse, Rochester, and Upstate New York. You can contact us today by calling us at 833-200-2000 or filling out our online form to schedule a confidential and free meeting.