Syracuse Birth Injury Attorneys

The birth of a child should be a joyful experience. Tragically, some families are robbed of such happiness because their children suffer injuries during birth, which can lead to devastating consequences. Birth injuries are often caused by medical negligence and frequently lead to lifelong disabilities or serious health complications. If your child suffered harm during childbirth due to medical errors, it is important to understand your rights, and you should contact an attorney as soon as possible. The experienced Syracuse birth injury attorneys at DeFrancisco & Falgiatano Birth Injury Lawyers understand the emotional, physical, and financial toll birth injuries take on families, and if we represent you, we can help you pursue justice and hold those responsible accountable. We regularly represent families in birth injury cases in Syracuse, as well as in Rochester and throughout upstate New York.

Birth injuries can result from a variety of errors during pregnancy, labor, or delivery. These injuries often occur when medical providers fail to monitor the mother or baby properly, mismanage complications, or fail to respond to emergencies quickly and effectively. Common causes of birth injuries include the misuse of forceps or vacuum extraction, delayed C-sections, failure to recognize signs of fetal distress, and improper administration of medications. Birth injuries are particularly tragic because they are often preventable with proper care.

The harm caused by birth injuries can vary greatly in severity, but many result in long-term or permanent health conditions. Injuries such as Erb’s palsy, cerebral palsy, brachial plexus injuries, brain damage, and hypoxic-ischemic encephalopathy can have life-altering consequences for both the child and their family. Children may require ongoing medical care, including physical therapy, occupational therapy, surgeries, and assistive devices. These needs can impose an immense financial burden on families, along with the emotional pain of seeing a child struggle with disabilities. By working with experienced Syracuse birth injury lawyers, families can pursue compensation to help alleviate these burdens and secure the resources needed to support their child’s well-being.

Children who suffer harm at birth and their families can often recover damages in birth injury lawsuits. To hold a healthcare provider liable for a birth injury, the plaintiff must establish that medical negligence occurred. In New York, this means that the plaintiff must demonstrate that the defendant had a duty to provide treatment that met the accepted standard of care and that the defendant breached this duty. The standard of care refers to the level of skill and attention that a reasonably competent medical professional in the same field would have provided under similar circumstances. If a doctor, nurse, or hospital staff member fails to meet this standard and the result is harm to the baby or mother, they may be held liable. Any departure from the standard of care likely constitutes a breach. The plaintiff then must show that the defendant’s breach directly caused the plaintiff to suffer actual damages.

Expert testimony plays a critical role in birth injury cases. Because medical malpractice claims involve complex medical concepts, an expert witness—typically another physician or medical professional—is needed to explain the standard of care, how it was breached, and how that breach led to the birth injury. For example, an obstetrician may testify that the failure to perform a timely C-section caused the baby to suffer oxygen deprivation, leading to brain damage. Expert witnesses provide clarity to the court and help establish the causal link between negligence and harm.

A plaintiff who establishes the defendant’s fault may recover compensation for the damages caused by the birth injury. Economic damages may include the costs of past and future medical care, rehabilitation, therapies, special education needs, and assistive devices. Non-economic damages address the pain and suffering experienced by the child and the emotional distress endured by the parents. In cases involving particularly egregious negligence, punitive damages may be awarded to punish the healthcare provider and deter similar conduct. Skilled Syracuse birth injury attorneys can help families identify and pursue all available damages to ensure they receive the compensation they deserve.

Birth injuries can have a profound impact on a child’s life and place an extraordinary burden on their family. If you suspect that your child’s injury was caused by medical negligence, it is essential to consult an attorney as soon as possible. The Syracuse birth injury attorneys of DeFrancisco & Falgiatano Birth Injury Lawyers can gather any evidence in your favor and develop persuasive arguments on your behalf to provide you with a strong chance of obtaining a favorable result. We have an office in Syracuse and we regularly assist people in the pursuit of damages for birth injuries in lawsuits in Syracuse as well as in Rochester and throughout Upstate New York. To arrange a confidential and free conference, you can reach us through our online form or by calling us at 833-200-2000.