Few events are more joyful or deeply anticipated than the birth of a child. Yet when complications arise during pregnancy, labor, or delivery due to negligent medical care, the result can be devastating. Birth injuries can leave a child with permanent physical, neurological, or cognitive impairments, and in such cases, life care planning for birth injuries becomes essential. These plans provide a structured, medically informed roadmap to ensure that the child’s evolving needs are anticipated and met throughout their life. Such care is costly, though, and in many cases, the damages recovered in medical malpractice lawsuits are essential in covering the expenses associated with lifelong treatment. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced medical malpractice attorneys understand how overwhelming the life care planning process can be for families, and if your child has suffered harm due to preventable medical errors during birth, our legal team is here to help you pursue justice and financial security. We represent clients in Syracuse, Rochester, and communities throughout Upstate New York.
The Importance of Life Care Planning for Birth InjuriesBirth injuries caused by medical negligence can range from moderate to catastrophic, with the most serious cases involving conditions like cerebral palsy, hypoxic-ischemic encephalopathy, Erb’s palsy, or severe developmental delays. These injuries often require intensive and ongoing interventions, including surgery, assistive devices, in-home nursing care, occupational and physical therapy, and specialized education.
Life care planning for birth injuries plays an indispensable role in quantifying the total cost of this long-term care. It is a comprehensive and individualized process that evaluates the projected medical, rehabilitative, psychological, and social support needs of a child over the course of their lifetime. A life care plan typically includes costs associated with adaptive housing, medical equipment, prescription medications, vocational training, and transportation, among other necessary services. These plans are not speculative; they are grounded in detailed clinical assessments, current medical standards, and collaboration among physicians, rehabilitation specialists, and economic consultants.
For families navigating the emotional and financial challenges of caring for a child with a serious birth injury, a life care plan is both a practical guide and a crucial evidentiary tool in a medical malpractice lawsuit, as it helps establish the full scope of damages the family is entitled to claim under New York law.
Establishing Liability in a Birth Injury Case Under New York LawTo obtain compensation for birth injuries via a civil lawsuit, the injured parties will generally pursue a medical malpractice claim based on the theory of negligence.
Under New York law, the essential elements of a negligence claim are duty, breach, causation, and damages. In the medical context, the duty of care arises from the provider-patient relationship and obligates the physician or medical professional to deliver care that meets the standard expected of reasonably competent practitioners in the same field. A breach of that duty occurs when the defendant fails to meet that standard, such as by mismanaging labor, delaying a necessary cesarean section, failing to monitor fetal distress, or improperly using forceps or a vacuum device.
Proving a breach alone is not sufficient, however. The plaintiff must also establish causation, which requires demonstrating that the defendant’s negligent conduct was a direct and proximate cause of the child’s injuries. This often necessitates expert testimony from medical professionals who can articulate what the standard of care required, how it was violated, and how that violation directly led to the child’s harm. Establishing these connections can be particularly complex in birth injury cases, where multiple medical providers and overlapping medical conditions may be involved.
Damages in a birth injury case can be extensive and long-lasting, encompassing both economic and non-economic components. Economic damages include past and future medical expenses, lost earning capacity, costs of custodial care, and the full range of expenses detailed in the life care plan. Non-economic damages, such as pain and suffering, loss of enjoyment of life, and emotional distress experienced by the child and family, may also be significant.
Speak with a Knowledgeable Medical Malpractice Lawyer About Life Care Planning for Birth InjuriesLife care planning for birth injuries provides a structured and realistic path forward, but achieving a plan that truly meets the child’s needs often requires assertive legal advocacy. If your child suffered harm at birth due to incompetent medical care, the experienced Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers are here to help you hold negligent providers accountable and secure the compensation necessary to support your child’s future. Our main office is in Syracuse, and our firm serves clients throughout Syracuse, Rochester, and Upstate New York. To speak with one of our attorneys in a free and confidential consultation, call us at 833-200-2000 or contact us online.