Few experiences are as devastating for a family as learning that their child has suffered harm due to medical negligence during childbirth. In the wake of such trauma, families are often left grappling not only with emotional anguish but also with the immense financial burdens associated with long-term medical care. Settlements in birth injury cases are frequently the most effective means of ensuring that families have the financial resources necessary to secure critical care and support for their child’s future. However, negotiating a fair settlement is rarely straightforward, as medical providers and insurance companies may attempt to minimize liability or dispute the extent of the child’s injuries. As such, if your child suffered a birth injury, it is essential to work with skilled legal counsel who understands how to navigate the complexities of birth injury claims. At DeFrancisco & Falgiatano Birth Injury Lawyers, our Syracuse birth injury attorneys are committed to helping families harmed by medical negligence fight to recover the compensation necessary to meet their child’s long-term needs. We regularly represent families in birth injury cases in Syracuse, Rochester, and Upstate New York.
The Impact of Birth Injuries and the Settlement ProcessBirth injuries can result from various forms of medical malpractice during pregnancy, labor, or delivery, and they often have permanent repercussions. Common injuries include cerebral palsy, brachial plexus injuries, brain damage from oxygen deprivation, and fractures resulting from improper use of forceps or vacuum extractors. Children affected by these injuries may require ongoing medical care, assistive devices, specialized education, and other forms of support that impose a significant financial strain on their families.
Settlements in birth injury cases can help families address current and future expenses by providing a lump-sum payment or structured settlement that guarantees long-term financial assistance. In addition to covering medical expenses, settlements may account for modifications to the family’s home, in-home care services, lost income due to parents leaving the workforce to care for their child, and the child’s reduced earning capacity in adulthood. Non-economic damages may also be included in settlements and reflect compensation for pain and suffering, emotional distress, and loss of quality of life.
Negotiating settlements in birth injury cases requires a careful and strategic approach. Plaintiffs must present compelling evidence of both liability and damages, often supported by expert medical testimony, financial projections, and life-care plans. In some cases, settlements are reached through alternative dispute resolution methods, such as mediation or arbitration. While many cases resolve outside of court, if a fair settlement cannot be reached, families have the right to proceed to trial to pursue the compensation they deserve.
Recoverable Damages in Birth Injury Cases Under New York LawTo succeed in obtaining settlements in birth injury cases, families typically must offer evidence demonstrating that the defendant healthcare provider was negligent. In New York, medical negligence is proven by establishing four key elements: duty, breach, causation, and damages.
The duty element requires showing that the healthcare provider owed the mother and child a duty of care. This duty obligates the provider to deliver medical treatment that meets the accepted standards of practice for the provider’s field. In the context of childbirth, this means carefully monitoring maternal and fetal health, responding to complications in a timely and appropriate manner, and adhering to accepted protocols throughout labor and delivery.
Once a duty is established, plaintiffs must prove that the provider breached this duty by failing to meet the required standard of care. Breaches may include delayed responses to fetal distress, improper use of delivery instruments, failure to order an emergency cesarean section or incorrect administration of medications during labor.
Causation, the third element, involves demonstrating that the provider’s breach directly caused the child’s injury. For instance, if a delay in performing a C-section caused oxygen deprivation that resulted in brain damage, this link between breach and injury satisfies causation. Finally, the plaintiff must show that the breach caused quantifiable damages.
Consult a Dedicated Birth Injury Attorney in Syracuse, Rochester, or Upstate New YorkA settlement can be a lifeline for families dealing with the long-term challenges of a preventable birth injury. Navigating the settlement process, however, requires a comprehensive understanding of New York malpractice law and the ability to present a strong case backed by expert testimony and thorough documentation of damages. If your child sustained injuries at birth due to a provider’s negligence, you deserve skilled legal representation to help you secure fair compensation. At DeFrancisco & Falgiatano Birth Injury Lawyers, our Syracuse birth injury attorneys, we understand the profound impact these injuries have on families, and we are committed to helping you obtain the resources necessary to support your child’s future. We handle cases throughout Syracuse, Rochester, and Upstate New York. Contact us today to schedule a free, confidential consultation by calling 833-200-2000 or completing our online form.