Buffalo Birth Injury Lawyers

Proudly Representing Injured Newborns & Mothers

A medical provider’s mistakes during pregnancy or labor can lead to a lifetime of pain for the child and the family. Such a devastating outcome should not go unanswered. Medical malpractice law offers a solution in the form of a birth injury claim, which can compensate the injured child and the family members for the inexcusable wrongdoing or neglect.

Faraci Lange, LLP is the top name in birth injury case management and representation for clients in Buffalo. We have gained a strong reputation in our communities and legal circles due to our law firm’s deliberate approach to building excellent medical malpractice cases. For example, we have four legal nurse consultants on staff who can provide our legal team with unmatched insight and direction for complex and high-value cases. It is all part of how we go above and beyond for our clients, just as we have been since opening our doors in 1968.

Call (888) 997-4110 to get a FREE consultation with our birth injury attorneys in Buffalo.

Birth Injury Claims & Lawsuits

Many birth injuries occur during labor and delivery. A medical professional’s negligence during this strenuous process can be catastrophic. Other birth injuries happen while an unborn child is still developing, which could provide more time to correct the issue if it is noticed.

Birth injuries can be suffered by an unborn child, infant, or mother. Although, in most contexts, when a birth injury is discussed, the focus is on a newborn who suffered an injury or illness due to a medical mistake.

A few common birth injury types we see in the cases we handle are:

• Cerebral palsy
• Hypoxic-ischemic encephalopathy (HIE)
• Shoulder dystocia
• Erb’s palsy
• Vacuum/forceps injuries
• Brachial plexus injuries

What Is Considered a Birth Injury?

A "birth injury" can be any type of harm that comes to your baby before, during or immediately after the birthing process. However, in order for you to have grounds for a birth injury lawsuit you must prove several things:

1. That the doctor or medical staff owed you and your child a duty of care
2. That either through intentional acts or through negligence the medical professional caused harm on either your or your child
3. The doctor's negligence led to your babies birth injury and if they had acted according to the standard of care no harm would have come to them

Understanding Your Legal Options for Birth Injuries

Dealing with a birth injury can be overwhelming and emotionally taxing for families. It's important to understand your legal options and rights when it comes to seeking compensation for the harm caused to your child or yourself during childbirth. Our experienced team of birth injury lawyers in Buffalo, NY is dedicated to helping families navigate the complex legal process and fight for the justice and compensation they deserve.

When considering legal action for a birth injury, it's crucial to consider the following:

• Evaluating the extent of the injury and its impact on your child's life
• Understanding the potential causes of the birth injury and who may be held liable
• Knowing the statute of limitations for filing a birth injury claim in New York
• Seeking compensation for medical expenses, ongoing care, pain and suffering, and more

Our team is here to provide compassionate and knowledgeable legal representation to help you and your family through this challenging time.

How Much Time Do You Have to File a Birth Injury Claim?

New York allows parents 10 years to file a birth injury claim, starting on the day of their child’s birth. Once the child turns 10, it will become more difficult to file a claim, but it won’t be impossible. Some courts will allow the 10-year statute of limitations to begin instead on the day the birth injury was first diagnosed.

The lengthy 10-year statute of limitations for birth injury claims in New York acknowledges that not all birth injuries are immediately noticeable. Many birth injuries that affect the child’s brain and development, like cerebral palsy (CP), will not show obvious symptoms until years later. Even after symptoms are first noticed, it could be a few more years again before a pediatrician diagnoses them accurately and a connection to the child’s birth trauma can be made.

How Can Medical Malpractice Lead To Birth Injuries?

Birth injuries can result from medical practitioners' actions or inactions during pregnancy, labor, or delivery due to medical negligence. These injuries often stem from negligence, substandard medical care, or the failure to adhere to established medical protocols.

Common causes of medical malpractice leading to birth injuries include:

• Failure to Monitor: During pregnancy and childbirth, inadequate monitoring of the mother and fetus can lead to undiagnosed issues including fetal distress, which call for quick attention.
• Delayed C-Section: The infant may suffer from oxygen deprivation or other harm if a prompt C-section is not done when medically required.
• Improper Use of Instruments: If delivery instruments like forceps or vacuum extractors are used incorrectly, the baby's head, neck, or shoulders may sustain bodily harm.
• Medication Errors: When medications are administered or dosed incorrectly, it can have a serious negative effect on the mother and the unborn child and occasionally result in lifelong harm.
• Failure to Diagnose: Serious complications and birth damage can result from failing to diagnose illnesses including infections, gestational diabetes, or preeclampsia.

With extensive experience handling birth injury cases in Buffalo, we recognize the challenges involved. Our team of birth injury lawyers excels at detecting the intricacies of medical errors leading to birth injuries. We diligently collect essential information, collaborate with medical professionals, and build a compelling argument to achieve justice for our clients.

If you believe that your child's birth injury was caused by medical malpractice, speak with a Buffalo birth injury attorney from Faraci Lange, LLP to understand your legal options. We are experienced in maneuvering through the court system and obtaining the settlement that you and your child are entitled to.

What Evidence Is Important In Proving A Birth Injury Case?

Key evidence in a birth injury case includes witness statements, medical records, expert testimony, and documentation of the injury's impact. As dedicated Buffalo birth injury lawyers, we ensure that all pertinent information is meticulously collected and thoroughly analyzed to strengthen your case. Faraci Lange, LLP is ready to support you.

Ready to Fight for You & Your Child

Our Buffalo birth injury attorneys of Faraci Lange, LLP believe that every child has the right to a happy, comfortable life. When a birth injury gets in the way of that, we will be there to help make things right again through a powerful claim or lawsuit against the medical practitioner who made such an egregious mistake. Let’s explore your legal options today to see what can be one to secure your child a brighter tomorrow.

Call (888) 997-4110 or use an online contact form at any time to speak with our birth injury lawyers in Buffalo.