Expert Testimony in Birth Injury Cases

The anticipation of a new addition to the family is meant to be a joyous occasion, but when a child sustains an injury during birth, it can lead to profound grief. Beyond the emotional toll, families are often burdened with significant financial costs associated with the child's medical treatment and care. When faced with such distressing situations, many families seek to hold those responsible for their losses accountable recourse through a birth injury lawsuit. To prevail, a plaintiff must establish both the cause and extent of the losses suffered; as such, expert testimony in birth injury cases is often crucial to recovering damages. At DeFrancisco & Falgiatano Personal Injury Lawyers, our dedicated Syracuse birth injury attorneys are deeply familiar with the intricacies of complex medical claims, and if we represent you, we will diligently collect any evidence that will enhance the likelihood of a successful outcome, including identifying and retaining any experts you may need. We consistently advocate for families in birth injury cases in Syracuse, Rochester, and other cities in Upstate New York.

In New York, when a child sustains an injury at birth due to the actions or omissions of a medical care provider, the injured party will typically pursue a negligence claim against the provider in a medical malpractice lawsuit. To establish liability, the plaintiff must first demonstrate that the medical provider had a duty to provide treatment aligned with the good and accepted standard of medical care. This standard is defined as the level of care that a practitioner in the same specialty, possessing similar experience and training, would offer when presented with identical facts.

Having established the standard of care, the plaintiff then bears the responsibility of proving that the defendant medical provider deviated from this standard. Common instances of such deviation include the failure to conduct necessary diagnostic tests, neglecting abnormal test results, delays in inducing labor or performing cesarean deliveries, and inappropriate use of forceps during delivery. Crucially, the plaintiff must also establish that this departure from the standard of care was a proximate cause of the child's birth injury, meaning that without the deviation, the child would not have suffered harm. Successfully proving liability may entitle the plaintiff to recover compensation for both economic and non-economic damages suffered by the child and the child's parents.

Birth injury cases typically involve complex medical questions that require knowledge beyond the scope of the average person. Consequently, plaintiffs often rely on the testimony of medical experts to elucidate the standard of care and explain how the defendant deviated from it in terms understandable to a jury. Under New York law, individuals offering expert testimony in birth injury cases must possess the requisite education, training, or experience. Certain individuals, including those with a financial interest in the case's outcome, are barred from serving as expert witnesses.

Moreover, the plaintiff may need multiple experts to establish the damages caused by the defendant's negligence. Medical experts commonly provide testimony on the lifetime cost of the child's treatment and care, while economic experts may weigh in on the financial losses caused by the defendant’s negligence. It is not uncommon for defendants to counter plaintiffs' expert witness testimony with their own experts, essentially creating a battle of the experts.

Birth injuries can have profound and lasting impacts on families. If your child has suffered a birth injury, it is in your best interest to consult an attorney as soon as possible. The trusted Syracuse birth injury attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers possess the knowledge and experience required to secure favorable results in New York birth injury cases, and if you hire us, we will advocate vigorously on your behalf. We routinely assist parties in birth injury cases in Syracuse, where our main office is located, and in Rochester as well as in other cities throughout Upstate New York. You can reach us by calling 833-200-2000 or by using our online form to set up a free and confidential conference.