Filing a Birth Injury Lawsuit

When people learn that they are expecting a child, they often begin envisioning their future. Rarely do they anticipate, however, that their child will suffer injuries at birth, and they will have to plan for the cost of medical care and assistance. Tragically, though, many children sustain injuries during childbirth due to the negligence of their healthcare providers. Fortunately, people harmed by such carelessness can often recoup some of their losses via claims against the parties responsible for their harm via civil claims. If your child suffered injuries at birth and you want to discuss filing a birth injury lawsuit, it is in your best interest to talk to a lawyer. The assertive Syracuse birth injury attorneys of DeFrancisco & Falgiatano Birth Injury Lawyers can evaluate the circumstances surrounding your child’s harm and aid you in seeking the best legal outcome possible under the facts of your case. We regularly represent families in birth injury cases in Syracuse, Rochester, and throughout Upstate New York.

A variety of physical injuries and conditions can occur during the birthing process. Brachial plexus injuries, such as Erb's palsy or Klumpke's palsy, result from damage to the network of nerves controlling the shoulder, arm, and hand, leading to weakness and loss of motion. Cerebral palsy, often caused by brain damage before, during, or shortly after birth, affects movement and muscle tone. Fractures, particularly of the clavicle, are common during difficult deliveries, especially in breech births or cases of shoulder dystocia. Perinatal asphyxia, resulting from a lack of oxygen during birth, can lead to brain damage and conditions like hypoxic-ischemic encephalopathy.

When children suffer injuries during the birthing process, it is often due to the negligence of a healthcare provider. Accordingly, such harm often constitutes grounds for filing a birth injury lawsuit.

It is important for anyone considering filing a birth injury lawsuit to understand what evidence they must offer to prevail. In New York, the burden of proof in a birth injury case rests with the plaintiff, who generally must demonstrate that the healthcare provider's negligence directly caused the injury. To do so, they must offer evidence showing that the defendant owed the plaintiff a duty.

Typically, the duty that arises out of the treatment relationship is to offer treatment that complies with the standard of care, which is care that constitutes the accepted and good practice of medicine. The plaintiff then has to demonstrate that the defendant breached the standard of care and in doing so, caused the plaintiff to suffer actual harm. The plaintiff will often require expert testimony to establish the standard of care and explain how it was breached, and to connect the plaintiff’s losses to the defendant’s acts.

It is important for anyone considering filing a birth injury lawsuit to be mindful of the statute of limitations. Pursuant to New York law, both parents of children who suffer birth injuries and the injured children themselves can seek compensation from the providers responsible for their harm. Parents generally must pursue birth injury claims within two and a half years of the date of their children’s harm. Minor children pursuing birth injury claims, however, have until ten years from the date they learn of their injury.

Birth injuries can be severe and permanent and often require immediate medical attention and long-term care. As such, it is also important for anyone considering filing a birth injury lawsuit to understand what damages they may be able to recover. Damages available in a birth injury lawsuit can cover a range of economic and non-economic losses. These include medical expenses, both past and future, related to the injury, costs of rehabilitation and therapy, loss of future earning capacity, pain and suffering, and, in some cases, punitive damages if the negligence was particularly egregious.

If you are contemplating filing a birth injury lawsuit, it is wise to confer with an attorney as soon as possible. The skilled Syracuse birth injury lawyers of DeFrancisco & Falgiatano Birth Injury Lawyers can inform you of your rights and aid you in pursuing any damages recoverable. Our principal office is located in Syracuse. We regularly represent injured parties in birth injury lawsuits in Syracuse as well as in Rochester and throughout Upstate New York. To schedule a confidential and free meeting, you can reach us through our online form or by calling us at 833-200-2000.