Birth injuries can cause lifelong impairments that not only require costly care but are also emotionally devastating. Many birth injuries are caused by incompetent medical care, and parents of children who suffer harm at birth are often able to recover compensation for their child’s losses. The mere occurrence of an injury is not sufficient to impose liability, however. Instead, as demonstrated in a recent New York opinion, a plaintiff must produce competent evidence of medical negligence to establish a defendant’s fault. If your child was injured at birth, you might be able to pursue a claim for damages, and it is advisable to confer with a Syracuse birth injury lawyer to determine your rights.
The Plaintiff’s Claims
It is reported that the plaintiff, who was expecting her first child, was treated by the defendant midwife at the defendant hospital throughout her pregnancy. She ultimately gave birth to her son at another hospital. The infant was born prematurely and suffered numerous injuries. Thus, the plaintiff filed a medical malpractice lawsuit against the defendants, alleging their negligence brought about her child’s harm. The defendants moved to have the plaintiff’s claims dismissed via via summary judgment, and the court granted the motion. The plaintiff then appealed.
Proving Liability in Birth Injury Cases
In New York, medical malpractice cases require proof that the defendant healthcare provider departed from the accepted standard of care and that such departure was the proximate cause of the plaintiff’s harm. As such, a defendant who moves for summary judgment must establish the lack of a departure from the accepted and good practice of medicine or show that the plaintiff was not harmed by any such departure. Continue reading