Impact of Birth Injuries on Families

When medical negligence leads to birth injuries, families face unprecedented challenges that require both immediate attention and long-term planning. The impact of birth injuries on families extends far beyond the initial trauma of the delivery room, creating ripples that affect every aspect of daily life. If your child sustained injuries at birth, it is in your best interest to talk to an attorney about your options for seeking justice for your child. The assertive Syracuse birth injury attorneys of DeFrancisco & Falgiatano Birth Injury Lawyers understand the overwhelming harm birth injuries can cause, and if you engage our services, we will help you seek the damages needed to care for your child and compensate you for your losses. We often represent families in birth injury cases in Syracuse, Rochester, and throughout Upstate New York.

The impact of birth injuries on families encompasses physical, emotional, and financial challenges that can last a lifetime. Many families experience significant changes in their career trajectories, with one parent often needing to leave their job to become a full-time caregiver. The emotional and psychological toll can be overwhelming as well, as parents navigate feelings of depression, anxiety, and post-traumatic stress disorder while trying to maintain family stability.

Family relationships often undergo significant strain during this challenging period, with the stress of managing medical appointments, therapy sessions, and daily care needs creating tension between partners. Additionally, families face substantial costs for home modifications, specialized vehicles, and adaptive equipment necessary to accommodate their child's needs. The need for extensive medical intervention, ongoing therapeutic care, and specialized equipment creates substantial financial burdens for families already struggling to cope with their new reality.

The impact of birth injuries often extends to the injured child’s siblings, who may experience feelings of neglect or confusion as family resources and attention are necessarily directed toward their injured brother or sister. Many families also face challenges with insurance companies, requiring constant advocacy and documentation to secure necessary treatments and therapies.

In New York, families can help offset the impact of birth injuries by pursuing compensation through birth lawsuits. As most birth injuries arise out of carelessness, plaintiffs in birth injury cases will usually proceed on a theory of negligence.

In New York, four elements comprise negligence, and a plaintiff must prove each one to demonstrate fault. The first element is duty, which is the defendant’s obligation to provide the plaintiff with treatment that meets the standard of care, which is what is considered the good and accepted practice of medicine in the applicable community. The second element is a breach of the duty owed. Arguably, any deviation from the standard of care should be considered a breach. The third element is damages, which refers to the actual harm the plaintiff sustained, and the final element is causation, which is a connection between the plaintiff’s losses and the defendant’s breach. In all but the clearest of cases, the plaintiff will need to retain a medical expert to explain to the judge or jury what kind of treatment the standard of care demands and how the defendant failed to live up to the standard. Expert testimony is also usually required to quantify the plaintiff’s damages.

If your family has been impacted by a birth injury, you don't have to face the challenges ahead alone and should meet with an attorney to evaluate what claims you may be able to pursue. The experienced Syracuse birth injury attorneys of DeFrancisco & Falgiatano Birth Injury Lawyers are proficient at holding careless healthcare providers accountable, and if you hire us, we can assess your case and gather the evidence needed to provide you with a strong chance of a favorable outcome. We regularly represent injured parties 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 contact us through our online form or by calling us at 833-200-2000.