Syracuse Personal Injury Law Blog
There are nearly 600 infant deaths for every 100,000 live births. While some of these deaths are the result of chromosomal abnormalities and congenital malformations, the majority are the result of medical malpractice.
Birth injury affects 6 to 8 out of every 1,000 infants born in the United States, which is why birth injury laws exist to protect babies, mothers, and their families. It can be difficult to determine why an injury occurred and who is to blame when dealing with such a traumatic event. As a result, if you are involved in an accident, it may be in your best interest to hire a birth injury lawyer. At DeFrancisco & Falgiatano, our highly experienced medical malpractice attorneys may be able to help you recover the compensation you deserve. We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.
A birth injury occurs when an infant is harmed because of physical pressure or pulling during the birthing process. It can occur because of the use of equipment or at the hands of a professional while delivering a baby. It usually occurs as the baby moves through the birth canal. The injuries can be temporary at times, but they can also last for years or even a lifetime. When nerves or bones are damaged, it can be extremely dangerous for an infant and their family.
If the physical harm was caused by a medical professional’s negligence or bad behavior, you need the help of a birth trauma lawyer. It can be difficult to determine what or how an injury occurred, which is why, if your infant did sustain an injury at birth, you should seek the assistance of a skilled professional here at DeFrancisco & Falgiatano.
As with any other type of lawsuit, there are time limits that govern how long you have after an incident to file charges. It varies by state, but the general rule in New York is three years. If the worst-case scenario occurs and a wrongful death occurs, loved ones have two years to file charges. The statutes of limitations are not straightforward. Special circumstances may necessitate more or less time. If you want to sue a medical professional, for example, you only have 2.5 years. While you may be experiencing anxiety, heartbreak, and other emotions, the best thing you can do for your case is to contact a lawyer as soon as possible.
- Did your doctor fail to treat an infection you had while in the hospital? If a mother’s health is neglected, an infection can be passed from her to her child.
- Did your labor take longer than you expected? While some births appear to last forever, there is a risk that prolonging the birth will cause physical harm to your baby.
- Your doctor may have ordered an emergency cesarean section. There are numerous reasons why a mother may need to have a C-section to deliver safely. However, if the procedure is ordered in haste, there may be an issue that should have been detected earlier.
- Is the baby stuck in the birth canal? If this occurs and medical professionals do not respond immediately, serious injuries may result.
- Was your baby in good health at the time of birth? Did issues arise after that? If this is the case, it could be the result of negligence.
- If a newborn is in distress at birth, a variety of things can happen, and if medical professionals do not act quickly, injuries can cause long-term harm.
Lawyers appear to be plentiful at times. Because the market is so crowded, it can be difficult to find a lawyer, especially when dealing with emotional distress and caring for an injured child. Look for a law firm with a track record of success. They should be able to provide testimonials and examples of cases like yours that they have successfully resolved. They should also be excellent communicators and handle your case with care and vigilance.
The last thing a mother or father should have to worry about if their newborn suffers a serious injury, is money. And if that describes you, you shouldn’t have to consider it.
Any reputable personal injury attorney will not charge you any upfront fees, especially if you were not at fault. Many lawyers will charge contingency fees, which means they will only be paid if they win your case.
It’s not just about the injury. Many expenses and damages may follow you for years if not your entire life. The following are some of the things your lawyer may be able to get you compensation for:
- The cost of therapy and rehabilitation.
- Medical expenses incurred because of the injury, both now and in the future.
- Physical pain and trauma.
- Emotional pain and anxiety.
- At-home care and special education expenses.
- Punitive damages.
- Lost wages.
If the worst has happened and your newborn was injured at birth, the pain you are feeling is unbearable. However, those injuries and pain can have long-term consequences for your child, you, and your family. While compensation will never change what happened, it will help you and your family get the treatment and tools you need to deal with your injuries.
There is a distinction between birth defects and birth injuries. When you’re looking forward to the birth of a child, it’s difficult to imagine anything going wrong. Unfortunately, the birth of a child can bring heartbreak and confusion rather than happiness.
Birth defects and birth injuries are both serious issues that new families may face. It can be devastating to discover that something has gone wrong when you are expecting and planning for a happy, healthy baby.
If your newborn has a medical illness or condition, it’s natural to wonder what went wrong and whether it could have been avoided. Understanding the distinction between a birth defect and a birth injury is a good place to begin your search for answers.
A birth defect is a medical illness or condition that occurs while an infant is still in the womb. Some birth defects are caused by genetics and cannot be avoided, but others can be avoided through healthy lifestyle choices.
Examples of common birth defects include:
- The Down Syndrome.
- Cleft lip and palate.
- Spina bifida is an example of a neural tube defect.
- Metabolic issues.
- Heart defects that occur at birth.
Birth injuries can occur during or shortly after delivery and can have serious consequences for your child’s health. Birth injuries can occur because of the position a baby assumes during birth, in which case they are unavoidable.
The vast majority, on the other hand, can be avoided. These occur because of something your doctor or medical team did or did not do during the delivery of your child. For example, misuse of medical equipment, failure to take necessary actions or use of an ineffective delivery method.
Examples of common birth injuries include:
- Bruise or forceps marks.
- The paralysis of the face.
- Cerebral Palsy.
- Separation of the placenta.
If your child has a birth defect that is the result of their genetic makeup or can be attributed to a lifestyle choice made by the mother during pregnancy, a doctor or medical team is unlikely to be held liable. In the case of a preventable birth injury, you may be entitled to compensation and should consider filing a lawsuit. Knowing more about these scenarios may assist you in determining whether someone else is to blame for your child’s medical condition. It is critical to understand that when your doctor agrees to accept you and your child as patients, he or she is required to treat you by the established standard of care.
When preparing for a birth injury lawsuit, the first thing you should do is find a team of experienced, trusted birth injury lawyers who are willing to fight for you and your child. You should also prepare by gathering as many of your child’s medical records dating back to the day they were born as possible. Appointment logs, prescription documentation, therapy notes, and so on. The more information you can give your attorneys, the better prepared they will be to fight your case. If any witnesses are available, try to spend some time speaking with them as well. It’s critical to get an accurate account of what happened, and other people in the room may have noticed things you didn’t.
If a birth injury caused permanent or serious harm to your child’s health, you are likely facing a slew of medical bills. There are doctor’s appointments, medication, and the possibility of therapies, rehabs, and home care. A birth injury lawsuit may be your best option for obtaining the compensation you deserve. A financial settlement could make a significant difference in the level of care and comfort you can provide for your child. A settlement could also compensate you for any lost wages because of the injury. It is also critical to hold any liable doctors or medical personnel accountable for the harm they caused your child and the pain they caused your family.
It’s heartbreaking to have a birth injury. It adds stress to what should be and would have been a happy and celebratory occasion. If a doctor or medical team is to blame for your child’s medical condition, they should be held accountable for their actions. At DeFrancisco & Falgiatano, our expert medical malpractice attorneys take pride in assisting families harmed by medical negligence. We represent injured clients and their families throughout Upstate New York, including Syracuse, Rochester, Albany, Buffalo, Elmira, Binghamton, Auburn, Ithaca, Oswego, Norwich, Herkimer, Delhi, Cooperstown, Cortland, Lowville, Oneida, Watertown, Utica, Canandaigua, Wampsville, Lyons, and surrounding areas. Please call us at 833-200-2000 or contact us via our online form to discuss your case.