Rochester Birth Injury Attorneys

The arrival of a newborn should be one of life’s happiest moments, but when medical errors occur during pregnancy, labor, or delivery, the results can be devastating for both the child and their family. Birth injuries caused by negligence often lead to serious and long-lasting health issues, requiring ongoing medical care and placing significant emotional and financial strain on families. If your child has suffered a preventable birth injury, you may be owed compensation, and you should meet with an attorney. The dedicated Rochester birth injury attorneys at DeFrancisco & Falgiatano Birth Injury Lawyers have extensive experience handling complex medical malpractice cases, and if we represent you, we will diligently pursue the compensation you need to care for your child. We frequently represent injured parties in birth injury lawsuits in Rochester, as well as in Syracuse and throughout upstate New York.

Birth injuries often arise from preventable medical mistakes during critical stages of pregnancy, labor, or delivery. When doctors, nurses, or other medical professionals fail to monitor a baby’s health, mismanage complications, or make errors under pressure, the consequences can be catastrophic. Common mistakes include delays in performing emergency C-sections, improper use of delivery tools like forceps or vacuum extractors, failure to detect fetal distress, and improper administration of labor-inducing medications.

These errors can cause severe injuries to newborns, including cerebral palsy, brachial plexus injuries, fractured bones, hypoxic-ischemic encephalopathy, and brain damage due to oxygen deprivation. For families, the aftermath of a birth injury is overwhelming. Children who sustain such injuries often face lifelong challenges, requiring continuous medical treatment, therapy, and specialized care. Parents are left to grapple with emotional distress while managing the financial burden of long-term medical expenses and support services.

Families of children harmed by medical negligence at birth will often incur substantial costs caring for their child. As such, they will often seek to offset their losses via birth injury claims.

To demonstrate liability in a birth injury case, a plaintiff generally must establish that medical negligence occurred. Under New York law, this means that the plaintiff has to prove that the defendant owed them a duty but breached the duty owed. The duty a healthcare provider owes a patient is to meet the accepted standard of care—essentially, what a reasonably competent medical professional would have done under the same circumstances. A deviation from the standard is likely considered a breach. The plaintiff then must show that the defendant’s breach directly caused their child’s birth injury. In other words, but for the defendant’s actions, or lack thereof, their child would not have suffered harm.

Proving negligence often requires evidence and testimony from qualified medical experts. Expert witnesses, often specialists in obstetrics, neonatology, or perinatology, play a central role in explaining the standard of care and identifying how a healthcare provider’s deviation from this standard caused the birth injury. For example, an expert might explain that a doctor failed to perform a timely C-section despite clear signs of fetal distress, resulting in oxygen deprivation and brain damage. This expert analysis is critical for presenting a strong case and establishing the link between medical negligence and the harm suffered.

People harmed by medical negligence may recover damages for both economic and non-economic losses. Economic damages include the costs of past and future medical care, physical therapy, occupational therapy, and assistive devices necessary to support the child’s needs. Compensation may also cover lost income if a parent must leave work to care for their child. Non-economic damages address intangible losses such as pain and suffering, emotional trauma, and diminished quality of life for both the child and their family. In certain cases where negligence was particularly egregious, punitive damages may be awarded to hold the responsible parties accountable and prevent similar behavior in the future.

If your child sustained a birth injury caused by medical negligence, you may feel overwhelmed, confused, and unsure of what steps to take next. It is important to act promptly to protect your rights, though, and you should speak to an attorney as soon as possible. At DeFrancisco & Falgiatano Birth Injury Lawyers our dedicated Rochester birth injury attorneys are committed to ensuring that negligent medical professionals are held accountable, and if we represent you, we will gather the evidence needed to help you seek the financial support you need to address the long-term consequences of a birth injury. Our primary office is in Syracuse, and we regularly assist parties in the pursuit of damages in birth injury cases in Rochester, as well as in Syracuse, and throughout Upstate New York. To arrange a confidential and free consultation, you can reach us through our online form or by calling 833-200-2000.