New York Birth Injury Lawyers: Get a Free Case Evaluation

If your child suffered a preventable birth injury in New York, you have legal rights. Whether your baby was delivered at a hospital in New York City, Buffalo, Rochester, Albany, or anywhere else across the state, medical professionals must meet established standards of care during labor and delivery. When they fail to do so—and your child suffers harm as a result—you may be entitled to compensation. A New York birth injury attorney can review your case at no cost and help your family understand your legal options.

If you believe medical negligence during childbirth caused your child’s injury, a New York birth injury lawyer can help you pursue justice. Birth injury attorneys in New York work on a contingency fee basis, meaning you pay nothing unless your case results in compensation. Because New York’s statute of limitations imposes strict deadlines on medical malpractice claims, it’s important to speak with an attorney as soon as possible. Contact a New York birth injury attorney today for a free, confidential case evaluation.

On this page:

• Why choose a New York birth injury lawyer
• Common birth injuries in New York cases
• Medical malpractice during labor and delivery
• New York’s medical malpractice laws
• Filing a birth injury lawsuit in New York
• What your case may be worth
• How to find the right attorney
• Frequently asked questions

Why Choose a New York Birth Injury Lawyer

Birth injury cases involve complex medical and legal issues that require specialized knowledge. A birth injury attorney in New York understands both the medical standards that apply to obstetric care and the state-specific legal procedures that govern malpractice claims.

New York has unique requirements for medical malpractice lawsuits, including mandatory expert affidavits, specific venue rules, and damage caps in certain situations. An experienced attorney who regularly handles birth injury cases in New York knows how to navigate these requirements effectively.

Birth injury lawyers who focus on these cases have access to medical experts who can review hospital records, labor and delivery notes, fetal monitoring strips, and other evidence to determine whether the standard of care was breached. These expert witnesses are necessary to establish that medical negligence occurred and directly caused your child’s injury.

When you work with a New York birth injury law firm, you gain a team dedicated to investigating what happened during your child’s birth, identifying all liable parties, and building the strongest possible case for compensation. Your attorney handles all legal aspects of your claim while you focus on your child’s medical needs and recovery.

If your child has been diagnosed with a birth injury, don’t wait to explore your legal options. Time limits apply to medical malpractice claims in New York, and waiting too long can cost you the right to pursue justice. Contact a birth injury attorney in New York for a free consultation to discuss your case.

Common Birth Injuries in New York Cases

New York birth injury attorneys handle cases involving a wide range of preventable injuries that occur during pregnancy, labor, delivery, or immediately after birth. Understanding these conditions can help you recognize whether medical negligence may have played a role in your child’s diagnosis.

Cerebral Palsy

Cerebral palsy is a group of disorders affecting movement, muscle tone, and posture caused by damage to the developing brain. While not all cases result from medical malpractice, many instances of cerebral palsy stem from oxygen deprivation during childbirth, untreated infections, delayed emergency delivery, or other preventable complications.

Children with spastic cerebral palsy—the most common type—experience tight, stiff muscles that make movement difficult. Other forms include athetoid cerebral palsy, which involves involuntary movements, and ataxic cerebral palsy, which affects balance and coordination. A cerebral palsy lawyer in New York can help determine whether medical negligence contributed to your child’s condition.

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) occurs when a newborn’s brain doesn’t receive adequate oxygen and blood flow during or near the time of birth. This type of birth asphyxia can result from umbilical cord complications, placental problems, prolonged labor, or failure to respond to fetal distress.

HIE can lead to permanent brain damage, developmental delays, cerebral palsy, seizures, and intellectual disabilities. When diagnosed early, therapeutic hypothermia (cooling therapy) can reduce the severity of brain damage—but only if administered within six hours of birth. Failure to recognize HIE symptoms and provide appropriate treatment may constitute medical negligence. An HIE attorney in New York can review whether your child received timely, appropriate care.

Erb’s Palsy and Brachial Plexus Injuries

Erb’s palsy results from injury to the brachial plexus nerves that control arm and hand movement. These brachial plexus injuries typically occur during difficult deliveries, particularly when shoulder dystocia is present and excessive force is applied to the baby’s head and neck.

Many brachial plexus injuries resolve within several months with physical therapy, but severe cases may result in permanent weakness, loss of sensation, or paralysis of the affected arm. When excessive traction, improper delivery techniques, or failure to anticipate and manage shoulder dystocia causes these injuries, families may have grounds for a medical malpractice claim.

Infant Brain Damage

Infant brain damage can result from oxygen deprivation, physical trauma, untreated infections, uncontrolled jaundice (kernicterus), or other complications during birth. Brain injuries in newborns may manifest as seizures, feeding difficulties, abnormal muscle tone, developmental delays, or cognitive impairments.

Conditions like periventricular leukomalacia, which involves damage to the white matter of the brain, often result from prolonged oxygen deprivation or inadequate blood flow. These injuries are frequently preventable when medical teams properly monitor the baby and mother and respond appropriately to warning signs.

Other Birth Injuries

New York birth injury attorneys also handle cases involving:

• Shoulder dystocia and related injuries
• Facial paralysis from nerve damage or forceps use
• Spinal cord injuries during delivery
• Skull fractures from delivery instruments or trauma
• Kernicterus from untreated newborn jaundice
• Neonatal seizures indicating brain injury

If your child was diagnosed with any of these conditions following a complicated delivery, a New York birth injury lawyer can investigate whether preventable medical errors played a role.

Medical Malpractice During Labor and Delivery

Not every birth injury results from medical malpractice during birth. However, when healthcare providers fail to meet accepted standards of care and that failure causes harm, they may be held legally responsible.

Failure to Monitor Fetal Distress

One of the most critical responsibilities during labor is continuous or frequent monitoring of the baby’s heart rate to detect signs of fetal distress. Abnormal heart rate patterns can indicate that the baby isn’t receiving adequate oxygen and requires immediate intervention.

When medical staff fail to properly interpret fetal monitoring strips, don’t respond appropriately to warning signs, or neglect to monitor the baby adequately, the resulting oxygen deprivation can cause permanent brain damage.

Delayed Emergency C-Section

When complications arise during labor that endanger the mother or baby, an emergency cesarean section may be necessary. Delayed C-section is a common form of birth injury malpractice in New York cases.

Healthcare providers must recognize situations that require immediate surgical delivery, including sustained fetal distress, placental abruption, umbilical cord prolapse, or failure of labor to progress. Unnecessary delays in performing a C-section when medically indicated can result in catastrophic injuries.

Improper Use of Delivery Instruments

Vacuum extraction injuries and forceps delivery injuries occur when these instruments are used improperly, applied with excessive force, or employed in situations where they shouldn’t be used at all.

While these tools can facilitate delivery when used correctly, improper technique can cause skull fractures, brain bleeds, nerve damage, and other serious injuries. Medical professionals must be properly trained in the use of these instruments and must recognize when their use is contraindicated.

Medication Errors and Labor Induction Problems

Pitocin (synthetic oxytocin) is commonly used to induce or augment labor, but improper dosing can cause excessively strong, frequent contractions that deprive the baby of oxygen. Labor induction complications may also arise when labor is induced without proper medical indication or when the cervix isn’t favorable for induction.

Other medication errors during childbirth—including wrong dosages, wrong medications, or failure to provide necessary medications—can also cause significant harm to mother and baby.

Failure to Diagnose and Treat Maternal Infections

Infections during pregnancy or labor, including Group B streptococcus, chorioamnionitis, and urinary tract infections, can be transmitted to the baby and cause serious complications. Healthcare providers must screen for these infections, monitor for symptoms, and provide appropriate antibiotic treatment when necessary.

Umbilical Cord and Placental Complications

Umbilical cord complications—including nuchal cord (cord around the neck), cord prolapse, and true knots—require prompt recognition and intervention. Similarly, placental abruption and placenta previa are serious conditions that demand appropriate management.

When medical professionals fail to identify these complications or don’t respond appropriately, the baby may experience oxygen deprivation that leads to brain damage or death.

If you suspect that any of these forms of medical negligence occurred during your child’s birth, contact a New York birth injury attorney. An experienced lawyer can obtain and review your medical records to determine whether the care provided fell below accepted standards.

New York’s Medical Malpractice Laws

New York has specific laws and procedures that govern medical malpractice cases, including those involving birth injuries. Understanding these requirements is necessary to protect your legal rights.

Statute of Limitations

New York’s statute of limitations for birth injury cases generally requires that medical malpractice lawsuits be filed within two and a half years from the date of the alleged malpractice. However, when the injury isn’t immediately discovered, the “continuous treatment doctrine” may extend this deadline.

For birth injury cases involving infants, New York law provides an important exception. Children injured by medical malpractice have until their 10th birthday to file a lawsuit, regardless of when the malpractice occurred. This extended deadline recognizes that birth injuries may not be diagnosed immediately and gives families time to understand their child’s condition before pursuing legal action.

Despite this extended timeframe, it’s beneficial to consult with a New York birth injury attorney as soon as you suspect malpractice. Medical records can be lost or destroyed, witnesses’ memories fade, and earlier investigation often leads to stronger cases.

Certificate of Merit Requirement

New York requires plaintiffs in medical malpractice cases to file a “Certificate of Merit” along with the complaint. This certificate, signed by the plaintiff’s attorney, confirms that the attorney has consulted with at least one licensed physician who has reviewed the facts of the case and concluded that there is a reasonable basis to believe malpractice occurred.

This requirement ensures that only meritorious cases proceed through the court system. Your birth injury lawyer in New York will work with qualified medical experts to review your case before filing.

Joint and Several Liability

New York follows a modified “joint and several liability” rule for medical malpractice cases. When multiple defendants are found liable and one is determined to be 50% or more at fault for non-economic damages (pain and suffering), that defendant can be held responsible for the full amount of those damages.

This means that even if multiple healthcare providers or facilities share responsibility for your child’s injury, you may be able to recover full compensation from the parties most responsible.

Damage Caps and Limitations

Unlike some states, New York does not impose caps on compensatory damages in medical malpractice cases. However, there are limits on the attorney fees that can be charged in medical malpractice cases, which are set on a sliding scale based on the recovery amount.

For wrongful death cases, New York law determines who may recover damages and what types of damages are available.

Venue and Filing Requirements

Medical malpractice lawsuits in New York must generally be filed in the county where the malpractice occurred or where one of the defendants resides or maintains an office. Your attorney will determine the appropriate venue for your case based on where your child was born and which healthcare providers and facilities are named as defendants.

Filing a Birth Injury Lawsuit in New York

Understanding the legal process can help you know what to expect when pursuing a birth injury lawsuit in New York.

Initial Consultation and Case Review

The process begins with a free consultation with a birth injury attorney. During this meeting, you’ll discuss what happened during pregnancy, labor, and delivery, your child’s diagnosis and symptoms, and the medical care your child has received.

Your attorney will ask for authorization to obtain your medical records, including prenatal care records, labor and delivery notes, fetal monitoring strips, newborn records, and any subsequent medical treatment documentation. These records are carefully reviewed to identify potential instances of negligence.

Medical Expert Review

Birth injury cases require testimony from qualified medical experts who can explain how the standard of care was breached and how that breach caused your child’s injuries. Your New York birth injury law firm will work with obstetricians, neonatologists, neurologists, and other specialists who review the medical evidence and provide opinions.

If the experts conclude that medical negligence caused your child’s injury, your attorney will prepare to file a lawsuit.

Filing the Complaint

Your attorney files a complaint in the appropriate New York court, naming the healthcare providers and facilities responsible for the negligent care as defendants. The complaint outlines the facts of the case, the legal basis for liability, and the damages your family has suffered.

Along with the complaint, your attorney files the required Certificate of Merit confirming that a medical expert supports the claim.

Discovery Phase

After the complaint is filed, the case enters the discovery phase, during which both sides exchange information and evidence. This includes:

• Depositions of the plaintiff, defendants, and witnesses
• Interrogatories (written questions requiring written answers)
• Requests for documents and medical records
• Expert witness disclosures and depositions

Discovery can take many months or even years in complex birth injury cases.

Settlement Negotiations

Many birth injury cases settle before trial. Once both sides have exchanged discovery and understand the strengths and weaknesses of the case, settlement negotiations often occur. Your attorney will negotiate with the defendants’ insurance companies to seek fair compensation for your child’s injuries.

You maintain full control over whether to accept a settlement offer. Your attorney will provide guidance about whether an offer adequately compensates your family, but the final decision is always yours.

Trial

If a fair settlement cannot be reached, your case proceeds to trial. A jury will hear testimony from witnesses and experts, review medical records and other evidence, and determine whether medical negligence occurred and what damages should be awarded.

Your New York birth injury attorney will present your case persuasively, cross-examine defense witnesses, and advocate for your family throughout the trial.

What Your Case May Be Worth

Birth injury compensation varies significantly based on the specific facts of each case. The severity of your child’s injury, the extent of negligence involved, and the long-term impact on your child’s life all affect the potential value.

Economic Damages

Economic damages compensate for actual financial losses, including:

• Past and future medical expenses: Hospital stays, surgeries, medications, assistive devices, and ongoing medical care
• Therapy and rehabilitation costs: Physical therapy, occupational therapy, speech therapy, and other therapeutic interventions
• Special education and life care needs: Specialized schooling, tutoring, home modifications, and attendant care
• Lost earning capacity: Compensation for your child’s reduced ability to earn income in the future due to their disabilities
• Parental lost wages: Income you’ve lost due to caring for your child and attending medical appointments

For severe birth injuries like cerebral palsy or significant brain damage, lifetime economic damages can total several million dollars when all current and future expenses are properly calculated.

Non-Economic Damages

Non-economic damages compensate for intangible losses that don’t have a specific dollar value:

• Pain and suffering experienced by your child
• Loss of enjoyment of life and reduced quality of life
• Emotional distress and mental anguish
• Loss of companionship and parental consortium

New York doesn’t cap non-economic damages in birth injury cases, allowing juries to award amounts appropriate to the harm suffered.

Factors Affecting Settlement Amounts

Birth injury settlements in New York depend on:

• The severity and permanence of the injury
• The clarity of liability (how obvious the medical negligence was)
• The strength of causation evidence (how clearly the negligence caused the injury)
• The quality of medical documentation
• The credibility of expert witnesses
• The jurisdiction where the case is filed
• The defendants’ insurance coverage limits
• Your child’s life expectancy and future care needs

An experienced New York birth injury lawyer will work with medical experts, economists, and life care planners to accurately calculate the full value of your case and pursue maximum compensation.

Don’t accept a settlement offer without first consulting with a birth injury attorney in New York. Insurance companies often make early, low offers hoping families will settle before understanding the true value of their claim. A qualified lawyer ensures you receive fair compensation that addresses your child’s lifetime needs.

How to Find the Right New York Birth Injury Attorney

Choosing the right birth injury lawyer is one of the most important decisions you’ll make for your child’s future. Consider these factors when selecting legal representation:

Experience with Birth Injury Cases

Look for an attorney or law firm that regularly handles birth injury and medical malpractice cases. These cases require specific medical knowledge and legal experience that general personal injury lawyers may not possess. Ask about the attorney’s track record with cases similar to yours, including settlements and verdicts obtained.

Resources to Handle Complex Litigation

Birth injury cases require significant financial resources to pursue effectively. Your attorney must be able to hire qualified medical experts, obtain necessary medical records and evidence, and cover litigation costs that can total tens of thousands of dollars before a case resolves.

Choose a law firm with the financial strength to take your case all the way to trial if necessary, rather than a smaller practice that may pressure you to settle early due to limited resources.

Reputation and References

Research the attorney’s reputation within the legal community and among former clients. Look for client testimonials, peer reviews, and recognition from legal organizations. Many birth injury lawyers can provide references from past clients who are willing to share their experiences.

Communication and Compassion

Birth injury cases are emotionally challenging for families. Your attorney should communicate clearly and regularly, explaining legal concepts in understandable terms and keeping you informed about your case’s progress. They should also demonstrate genuine compassion for your family’s situation and treat you with respect and dignity.

Fee Structure

Most New York birth injury attorneys work on a contingency fee basis, meaning they receive a percentage of any settlement or verdict rather than charging hourly fees. This arrangement allows families to pursue justice without upfront costs. Make sure you understand the fee percentage, what expenses you may be responsible for, and whether fees are calculated before or after expenses are deducted.

Geographic Knowledge

While many legal principles are the same throughout New York, an attorney familiar with the courts, judges, and legal procedures in your specific area can provide advantages. Whether your child was born in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, Westchester, or upstate New York, local knowledge matters.

Contact a New York birth injury attorney today for a free consultation. Most birth injury law firms offer case evaluations at no cost and no obligation, giving you the opportunity to discuss your situation and learn about your legal options without any financial risk.

Finding a Birth Injury Lawyer in New York

If your child suffered a preventable birth injury due to medical negligence in New York, taking action now protects your family’s future. While no amount of compensation can undo the harm your child has experienced, a successful birth injury lawsuit can provide the financial resources necessary for your child to receive the best possible medical care, therapy, education, and support throughout their life.

New York birth injury lawyers understand the profound impact these injuries have on families. They work tirelessly to hold negligent healthcare providers accountable and secure compensation that addresses both your child’s immediate needs and their long-term care requirements.

The legal process may seem overwhelming, especially when you’re already dealing with your child’s medical needs and emotional challenges. That’s why birth injury attorneys handle every aspect of the legal case, allowing you to focus on what matters most—your child and your family.

Remember that time limits apply. While New York law gives children until their 10th birthday to file medical malpractice claims, earlier action often results in stronger cases and better outcomes. Medical records are fresher, witnesses are more available, and evidence is easier to obtain.

You don’t have to navigate this journey alone. Experienced New York birth injury attorneys are ready to evaluate your case, answer your questions, and fight for the justice your family deserves—all at no upfront cost to you.

Take the first step toward getting answers. Contact a New York birth injury lawyer today for a free, confidential case review. Learn whether medical negligence caused your child’s injury and what legal options are available to your family. You have nothing to lose and everything to gain by making that call.

Frequently Asked Questions About New York Birth Injury Lawyers