Rochester Birth Injury Attorneys
Representing Children, Parents & Families in Buffalo & the Surrounding Counties
The birth of a child should be one of the most joyous occasions in a person’s life. But, when a trusted medical provider is negligent or fails to provide the standard of care parents expect, resulting in their child sustaining life-altering birth injuries, this event can quickly go from one of the best to one of the worst experiences of your life.
At Faraci Lange, LLP, we understand just how devastating it is to realize that your child was injured as a result of a doctor, nurse, or another health care provider’s negligence. Our highly accredited and award-winning birth injury lawyers in Rochester have been serving families in complex medical negligence cases in Buffalo and the surrounding areas since 1968. We have earned a reputation for compassionate, tireless representation and aggressive advocacy for the rights of our clients. We are experienced in all types of birth injury cases and know how to thoroughly investigate these claims and fight for the maximum recovery you and your child are owed.
What Is a Birth Injury?
A birth injury is any injury sustained by an infant before, during, or immediately after birth. While not all birth defects are the result of a medical professional’s negligence, many birth injuries are. When obstetricians, doctors, delivery room nurses, midwives, and other practitioners fail to provide an acceptable standard of care, parents can take legal action and seek financial recovery on behalf of their child. A successful birth injury claim allows you to recover compensation for losses you and your child have suffered as a result of medical negligence/malpractice; these could include financial losses, such as the cost of treating the birth injury, as well as non-economic losses, such as reduced quality of life and pain and suffering.
It’s important to note that, in order to have grounds for a claim, you will need to prove that a doctor, nurse, midwife, or another health care provider failed to uphold the standard of care. Simply experiencing a poor outcome is not necessarily grounds for a claim; instead, you must show that the medical provider failed to take action that another qualified provider would have or that the medical provider took action that another qualified provider would not have, and that this led to your child’s injuries. This can be extremely difficult to prove. It’s wise to speak to an experienced Rochester birth injury lawyer, like those at Faraci Lange, LLP if you believe your child’s injuries and/or condition may have been caused by a medical professional’s mistake, negligence, or wrongful action.
How Long Do You Have to Sue for a Birth Injury in New York?
When medical malpractice occurs with infants, the statute of limitations is extended beyond the typical 2.5 years. This is because birth injuries can sometimes take years to surface or become noticeable in the child. For medical malpractice that leads to birth injuries, parents have up to 10 years from the date of the child's birth to bring a malpractice claim against the responsible medical professional. In some cases, if it was impossible for parents to notice the damage within the allotted 10 years, the statute of limitations may be extended even further. Speak to a professional birth injury attorney in Rochester or Buffalo today to discuss your claim.
One of the most common birth injuries is oxygen deprivation. This is often caused by an attending doctor or nurse’s failure to monitor for signs of fetal distress which, in turn, could result in prolonged labor or failure to order an emergency cesarean section (C-section).
Oxygen deprivation during birth, or birth asphyxia, can lead to a whole host of complications, conditions, and injuries, including but not limited to:
- Cerebral palsy
- Brain damage
- Seizure disorders
- Hypoxic-ischemic encephalopathy (HIE)
- Developmental delays
- Intellectual disabilities
Other common birth injuries include:
- Shoulder dystocia
- Erb’s palsy
- Facial paralysis
- Brachial plexus injuries
- Vacuum/forceps injuries
Additionally, mothers can suffer injuries during childbirth, such as placental abruption, umbilical cord prolapse, hemorrhaging, and death. Maternal birth injuries can be devastating and may ultimately affect both the mother and the unborn child/newborn.
How Can Birth Injuries Be Prevented?
In most cases, birth injuries caused by malpractice are preventable. Some of the best prevention methods healthcare providers can observe include:
- Carefully monitoring a woman and her baby in the early months of pregnancy and providing interventional care when needed
- Minimizing risks of premature birth
- Careful detection of early signs of fetal distress and providing proper care
- Identifying birth risks early on and developing a birthing plan
- Taking time to listen to mother's concerns and any abnormalities they may be experiencing with their pregnancy
If you ever feel that something is wrong, either prior to the birth or during the birth, speak up for yourself and your child.
Our birth injury attorneys in Rochester understand that these are complex cases. Proving that your injuries or your child’s injuries were caused by a medical professional’s error or wrongdoing is difficult and requires an extensive investigation. In addition to our experienced and skilled attorneys, we have a team of nurses on staff and we often work with other medical experts in order to establish causation in these types of claims. This is a critical element of your case and could make all the difference in a positive or negative outcome.
When it comes to pursuing your birth injury claim, choosing a legal team with the right experience matters. For over 52 years, we have been helping birth injury victims fight for the fair compensation they were owed—trust our team to fight for you, too.
“Every person we encountered at Faraci Lange was supportive and worked diligently to settle our case with the very best results possible.”- Former Client
“When my frustrations with the process were heightened, my representative calmly explained how this type of litigation usually proceeds.”- Phil N.