Birth Injuries

The consequences of a birth injury can be devastating for the injured child and his or her family. Hospitals and doctors that cause birth injuries must be held accountable, and families struggling to cope with the effects of birth injuries deserve full and fair compensation. At DeFrancisco & Falgiatano, LLP, our Syracuse birth injury lawyers help families throughout Upstate New York secure the compensation they need and deserve.

Despite extraordinary advancements in medical technology and clearly-established procedures and protocols for providing medical assistance during pregnancy and childbirth, birth injuries from medical negligence remain alarmingly common. From failure to diagnose a mother's medical condition(s) during pregnancy to improper use of tools during delivery, there are numerous common mistakes that too often lead to life-changing birth injuries.

If your child has suffered a birth injury, what are your rights? Most importantly, you have the right to seek professional medical care from an experienced physician. You do not have to keep your child in the same medical facility, and you should not let anyone tell you that you cannot get help for your child.

You also have the right to seek financial compensation for any losses that you, your family, or your child suffers. Most immediately, this means coverage for your child’s medical expenses. However, your child’s birth injury could have long-term consequences as well, and you are entitled to full compensation for all of the physical, emotional, and financial effects resulting from a medical mistake.

The birth injury attorneys at our Syracuse firm have recovered millions of dollars in compensation for families struggling to cope with the effects of serious birth injuries. This includes many multi-million-dollar settlements negotiated with malpractice insurers and cases won at trial. Attorneys Jeff DeFrancisco and Charles Falgiatano are well-known for their experience in medical malpractice litigation, and they have been named among the Top 1% Trial Counsel in Medical Malpractice and the Best Attorneys in America.

"I highly recommend DeFrancisco & Falgiatano - Charlie represented me for a medical malpractice case. He is the best of the best. He is friendly and I am very happy with the representation he provided." – Roger N., Oneida, New York

"I was referred to Jeff DeFrancisco from another law firm because of his reputation. During the litigation process Jeff DeFrancisco kept me up to date with how the matter was progressing. Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." – T.H., Oneida, New York

We handle birth injury and wrongful death cases involving negligent prenatal care, obstetric errors, labor complications, and birth delivery trauma. We have represented parents whose children suffered fractures and broken bones during delivery, neurological visual impairment, and bacterial infections that went undiagnosed during delivery. We also have significant experience in cases involving:

• Failure to monitor acidosis to prevent oxygen deprivation during birth
• Bilirubin-induced neurologic dysfunction (BIND)
• Medical mistakes leading to brachial plexus palsy, cerebral palsy, Erb's palsy, hypoxic-ischemic encephalopathy and perinatal asphyxia due to oxygen deprivation
• Caput succedaneum caused by pressure on the baby's scalp during delivery and Horner syndrome due to excessive use of force by the medical staff during childbirth
• Hydrocephalus, or the buildup of cerebrospinal fluid inside the child's skull due to a birth injury
• Hyperbilirubinemia and the failure to timely diagnose jaundice
• Meconium aspiration syndrome arising when the fetus inhales amniotic fluid
• Microcephaly and other infant brain development issues
• Persistent pulmonary hypertension of the newborn (PPHN) as the result of the mother being prescribed antidepressants or other drugs during pregnancy

Regardless of the cause and nature of your child’s birth injury, you owe it to yourself and your family to seek legal representation. We are happy to help you understand your situation in a free, no-obligation consultation. We can determine if your child’s injury resulted of medical negligence. If so, our Syracuse birth injury attorneys will fight aggressively on your behalf while you focus on caring and providing for your loved ones.

Q: What are the long-term costs of a traumatic birth injury?

The long-term costs of a traumatic birth injury can be substantial, easily approaching (and in many cases exceeding) $1 million in medical costs alone. When you add in prescriptions, loss of income, child care expenses, costs for medical equipment and home modifications, and all of the non-financial costs of a birth injury (including pain, suffering, and loss of enjoyment of life), it is not hard to see why these cases often result in multi-million-dollar settlements or verdicts.

Of course, every case is different, and results are never guaranteed. To understand the long-term costs of your child’s injury, you will need to discuss your case with an experienced attorney.

Q: What is New York’s statute of limitations for birth injury claims?

As a general rule, in New York, medical malpractice claims are subject to a statute of limitations of two years and six months. The "limitations period" runs from either the date of the malpractice or the last date on which the patient received continuous care. This is the rule that applies to mothers who suffer injuries due to medical malpractice during childbirth.

For newborns injured during labor and delivery, New York has a special rule that allows their parents to assert birth injury claims until the age of 10, and this limitations period can be further extended under certain circumstances. However, in order to investigate the claim and recover financial compensation as soon as possible, parents should seek legal representation at the first sign of a possible birth injury.

Q: What are some other examples of birth injuries that can be indicative of medical malpractice?

In addition to the birth injuries listed above, there are numerous other complications from labor and delivery that will often be indicative of medical malpractice. These include:

• Breech Birth
• Facial Palsy
• Forceps Injuries
• Labor Complications
• Low Apgar
• Nuchal Cord
• Postpartum Hemorrhaging
• Preterm Birth
• Prolonged Labor
• VBAC & Cesarean Complications

Q: How do I know if my child’s medical condition is the result of medical malpractice or natural causes?

This is often one of the most-challenging questions when it comes to seeking compensation for a birth injury. Medical providers and their insurance companies will vigorously dispute any allegations that a child’s injuries are the result of medical mistakes. In order to prove our clients’ claims, we rely on thorough investigations and expert testimony from physicians who know how to identify the signs of medical malpractice. The experts that we use are all outside of the local area to ensure that your case review is 100% fair and objective.

Q: How much does it cost to pursue a birth injury claim?

With us, it costs you nothing out-of-pocket to pursue a birth injury claim. We handle all cases on a contingency-fee basis, which means:

• Your initial consultation is free
• You do not pay a retainer fee or hourly rates
• You do not pay any costs while your case is pending
• We only get paid if we help you secure just compensation

Our fees are calculated as a percentage of your recovery, and we will make sure you know exactly how much you can expect to take home from any settlement offer. That way, you can make fully-informed decisions about whether to settle your case or fight for more at trial.

Q: How long will my birth injury case last?

It depends. If there is clear evidence of malpractice and your provider’s insurance company is willing to acknowledge liability, we may be able to negotiate a favorable settlement fairly quickly. However, if your case goes to trial, it could easily take a year or longer. Of course, we seek to resolve all cases as quickly as possible; and if you need money now, we can help you consider some of the options that are available.

There is no shortage of attorneys offering to represent families in birth injury claims in Upstate New York. So how do you choose a birth injury lawyer in Syracuse or the surrounding areas? Here are just some of the reasons why individuals and families have trusted the attorneys at DeFrancisco & Falgiatano, LLP for more than 30 years:

• We are local. We have law offices in Syracuse, Rochester, Watertown, Oneida, Oswego, New Hartford, and Cortland for your convenience.
• We are focused. We focus our practice exclusively in personal injury and wrongful death representation, with a particular emphasis on birth injuries and other medical malpractice claims.
• We get results. To date, we have recovered well over $100 million for injury victims and their families.
• We go to trial. While most of our cases settle, we do not hesitate to go to trial. Our extensive trial record provides critical leverage during settlement negotiations.
• Our clients come first. We understand that you are struggling to cope with an extremely difficult situation, and we feel privileged to help you in your time of need. Our priorities are to make you feel comfortable throughout the process and ensure that you are satisfied with the outcome of your case.

If you would like to speak with an attorney, please call 833-200-2000 or contact us online. We are here to help you in any way we can.