Trials in Birth Injury Cases

When a child experiences a birth injury, the financial and emotional hardships of managing their care can feel overwhelming. Despite the hesitation some parents may have about pursuing legal action, it’s important to recognize that many birth injuries stem from medical errors, and those responsible for such negligence should be held accountable. If your child suffered harm during birth due to the recklessness of a healthcare provider, it is in your best interest to speak with an attorney to determine whether you may be able to recover damages in a birth injury lawsuit. The seasoned Syracuse birth injury lawyers at DeFrancisco & Falgiatano Personal Injury Lawyers are adept at handling trials in birth injury cases, and if you hire us, we can guide you through the process of seeking justice for your losses. We frequently represent families harmed by birth injuries in lawsuits in Syracuse, where our main office is located, as well as in Rochester and other cities in Upstate New York.

While birth injury cases often settle prior to trial, in some instances, some disputes related to liability or damages must be resolved by a judge or jury. Therefore, people contemplating pursuing claims against medical providers for birth injuries should learn more about the trial process and their potential damages.

During trials in birth injury cases, the plaintiff’s primary objectives are to demonstrate that the defendant healthcare provider should be held responsible for the infant’s injury and to demonstrate the extent of damages suffered by the child and their parents. As such, the plaintiff’s attorney will usually present evidence indicating that the defendant had a duty to abide by the accepted community standards of the practice of medicine but breached this duty. Medical experts are typically called upon to testify about the relevant standard and explain how the defendant failed to uphold the standard. These experts are also often called upon to establish a connection between the defendant’s breach and the harm suffered. In many cases, the child and their parents will provide testimony to illustrate the impact of the injury on their daily lives.

The defendant’s counsel will likely counter the plaintiff’s evidence, arguing against any departure from the standard of care or any causal link to the harm. Ultimately, the judge or jury will determine issues of liability and damages.

It is important to note that the statute of limitations for pursuing damages for birth injuries is ten years after the cause of action accrues, if a parent pursues the claims on behalf of their child. The injured child has until they turn 21 to pursue claims on their own behalf, however.

Both an injured child and their parents may receive damages in a birth injury case. The child’s compensation might encompass economic damages such as future medical expenses, therapy costs, and lost earnings. Additionally, the child might be awarded damages for pain, suffering, and loss of enjoyment of life resulting from the injury. In cases of severe medical provider misconduct, punitive damages might be awarded. Parents of an injured child could also receive damages for costs they incurred due to the child’s injury, like medical expenses, before the child turns eighteen and out-of-pocket costs.

Birth injuries can lead to lasting impairment, and the expenses of caring for a child affected by medical negligence can be substantial. If your child suffered a birth injury due to inadequate medical care, you should talk to an attorney about what steps you can take to protect your interests. The skilled Syracuse attorneys of DeFrancisco & Falgiatano Personal Injury Lawyer understand the devastating impact birth injuries can have on families, and if we represent you, we will gather the evidence needed to provide you with a strong chance of a favorable result. We regularly represent injured parties in birth injury lawsuits in Syracuse, where our main office is located, and in Rochester and other cities in Upstate New York. You can reach us through our form online or by calling 833-200-2000 to set up a free and confidential consultation.