Causes of Birth Injuries
Welcoming a new member into your family is a momentous occasion, and parents awaiting their child’s arrival are typically filled with hope and excitement. When a child suffers an injury at birth, though, it can shatter a family’s expectations, leaving them to grapple with unexpected challenges. While there are many causes of birth injuries, in most instances, they are the direct result of negligent care. If your child suffered harm during childbirth, you may be able to recover damages, and it is crucial to speak to attorney as soon as possible. The skilled Syracuse birth injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers recognize the profound preventable birth injuries can have on families, and if we represent you, we can help you seek accountability from those responsible for your family’s losses. We regularly represent people in lawsuits arising out of birth injuries in Syracuse, as well as in Rochester and other cities in Upstate New York.Causes of Birth Injuries in New York
Various factors can contribute to birth injuries, but some are more prevalent than others. In many cases, birth injuries occur because medical professionals fail to recognize conditions that make a vaginal birth difficult. Specifically, factors such as a large or awkwardly positioned fetus or the mother's pelvis shape may impede a vaginal delivery. If a doctor does not address such issues promptly, they may delay the decision to perform a C-section, and the infant may be deprived of oxygen in the interim. This, in turn, may lead to severe consequences like brain damage, cerebral palsy, and other significant injuries.
Additionally, physical injuries like nerve damage and dislocated shoulders can occur when doctors employ vacuum extraction or forceps during delivery. Premature births, caused by the failure to observe or manage symptoms or conditions that indicate a high risk of early delivery, can also result in harm to the infant.Pursuing Birth Injury Claims Under New York Law
There are numerous causes of birth injuries, but most harm that arises during childbirth is the result of carelessness. As such, people pursuing damages in a birth injury lawsuit will typically allege that the defendant acted negligently.
Pursuant to New York law, to establish liability for negligence, a plaintiff must demonstrate that the healthcare provider had a duty to administer treatment that aligns with the accepted and good standards of medical care, which is generally understood to be the level of treatment that a competent professional in the same field would provide in a similar situation. This duty extends not only to physicians but also to nurses, other licensed medical professionals, and hospitals.
The plaintiff must then prove that the defendant's actions or failure to act deviated from the accepted and good standard of medical care. In most cases, testimony from a medical expert is needed to explain the obligations imposed by the relevant standard and how the defendant failed to meet them. Typically, this expert is someone practicing in the same specialty as the defendant.
After establishing the deviation from the standard of care, the plaintiff must then show that the deviation proximately caused measurable harm. Essentially, the plaintiff has to prove that the birth injury would not have occurred if the defendant had adhered to the standard of care.Damages Available in Birth Injury Cases
Birth injuries have a profound impact not only on the affected child but also on their families. Fortunately, in successful birth injury cases, both the infant and the parents can typically recover damages. For example, parents may be compensated for the cost of the child’s necessary medical care, including future treatment, until the child reaches the age of eighteen, while the child can recover the cost of medical care after they reach eighteen, lost earnings, and damages for the emotional and mental trauma caused by their injury.Consult With an Experienced Birth Injury Attorney in Syracuse, Rochester, and Cities in Upstate New York
Welcoming a child into the world should be a joyous event, but birth injuries can cast a shadow over this joy. If your child sustained an injury at birth, it is smart to consult a lawyer promptly. The experienced lawyers Syracuse birth injury attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers are well-versed in what it takes to hold negligent healthcare providers accountable, and if you hire us, we will fight to help you seek the compensation needed to navigate the challenges associated with a birth injury. Our main office is located in Syracuse, and we regularly assist families in birth injury cases in Syracuse, Rochester, and other locations in Upstate New York. You can contact us through our online form or by calling us at 833-200-2000 to schedule a complimentary and confidential meeting.