Birth Injury Legal Help in New York
Understanding your legal rights and options when medical negligence causes a birth injury
Michael S. Porter
and Reviewed by
Eric C. Nordby
When Medical Negligence Causes Birth Injuries
If your child suffered a birth injury due to medical negligence during pregnancy, labor, or delivery, you have legal rights in New York. Birth injury lawsuits help families secure compensation to cover the cost of medical care, therapy, assistive devices, and other expenses that result from preventable injuries.
According to the CDC, 85-90% of cerebral palsy cases are congenital, meaning they relate to events before or during birth—often due to medical mistakes that could have been prevented with proper care.
Why File a Birth Injury Lawsuit?
Cover Medical Expenses
Birth injuries often require lifelong medical care, therapy, medications, and specialized equipment. According to the CDC, lifetime costs for cerebral palsy care exceed $1.6 million (2025 dollars), in addition to normal living costs.
Secure Future Care
Settlements provide financial security for your child's future needs, including adaptive technology, special education, home modifications, and long-term care.
Hold Providers Accountable
Legal action helps prevent similar mistakes from happening to other families by holding negligent healthcare providers accountable for substandard care.
Compensate Lost Income
Many parents must reduce work hours or leave careers to care for an injured child. Compensation can replace lost wages and earning capacity.
Important: Most families don't need an official diagnosis before consulting an attorney. You may be able to pursue a lawsuit as soon as you suspect medical negligence caused your child's injury.
Do I Have a Birth Injury Case?
Signs of Medical Negligence
You may have a valid birth injury case if medical negligence occurred. Common examples include:
- Failure to monitor fetal distress or oxygen deprivation
- Delayed decision to perform emergency C-section
- Improper use of forceps or vacuum extractors
- Failure to diagnose or treat maternal infections
- Medication errors during pregnancy or delivery
- Failure to recognize and treat jaundice promptly
- Inadequate response to umbilical cord complications
- Improper management of high-risk pregnancy
Proving Negligence Requires
- The healthcare provider owed a duty of care
- The provider failed to meet acceptable standards
- The breach directly caused the injury
- The injury resulted in measurable harm
Is Your Case Eligible? Check These Key Factors
Most families are surprised to learn they may have a valid case. Review these items to see if you qualify for compensation:
Get Your Free Case Evaluation
If you checked any of these boxes, you may be entitled to compensation. Contact us today for a free, no-obligation consultation.
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The Birth Injury Lawsuit Process in New York
Free Consultation
Meet with an experienced birth injury attorney to discuss your case. They'll review your situation and determine if you have grounds for a lawsuit. Most attorneys work on contingency—no fees unless you win.
Investigation & Evidence Gathering
Your attorney will collect medical records, consult with medical experts, and investigate the circumstances. This includes obtaining expert opinions for the required Certificate of Merit.
Certificate of Merit
New York law (CPLR §3012-a) requires a Certificate of Merit from a qualified medical expert. If the statute of limitations is about to expire, you can file without it but must submit the certificate within 90 days after filing the complaint.
Filing the Lawsuit
Your attorney files a complaint outlining what happened and how it harmed your child. This officially notifies defendants and begins the legal process.
Discovery Process
Both sides exchange information, take depositions, and build their cases. Medical experts may be deposed to provide testimony about the standard of care.
Settlement Conference
New York requires both sides to participate in settlement negotiations. Your lawyer presents evidence and negotiates for fair compensation. Most cases settle at this stage.
Trial (If Necessary)
If settlement isn't reached, your case goes to trial. Your attorney presents evidence and expert testimony to prove negligence. A jury determines liability and damages.
New York Statute of Limitations
Time Limits for Filing in New York (2025)
Understanding when you must file is critical—missing the deadline means losing your right to compensation.
For Birth Injuries to Children
Lawsuits must be filed before the child turns 10 years old
Under New York CPLR §208, the statute of limitations for birth injury medical malpractice cases allows up to 10 years to file. The standard 2.5-year adult limit is "tolled" (paused) during infancy, giving you until your child's 10th birthday to file.
Discovery Rule
The clock starts when the injury is discovered (or reasonably should have been discovered)—as long as it's within the 10-year window. This is important because birth injuries may not be immediately apparent.
Wrongful Death Cases
2.5 years from the date of death
If a birth injury results in the death of a child, families have 2.5 years from the date of death to file a wrongful death lawsuit.
90-Day Notice Requirement
Critical deadline for NYC municipal hospitals
If your child was born at a NYC Health + Hospitals facility or other municipal hospital, you must file a Notice of Claim within 90 days of the injury. This is a strict requirement that can permanently bar your case if missed. The court may allow late filing up to 1 year and 90 days in limited circumstances.
Don't Wait to Take Action
Even though you may have several years to file, it's important to contact an attorney as soon as possible. Evidence can be lost, witnesses' memories fade, and early action strengthens your case.
Birth Injury Compensation & Settlements
What Can Compensation Cover?
New York has no caps on medical malpractice damages, meaning families can seek full compensation for all losses caused by medical negligence.
Economic Damages
- Past and future medical expenses
- Therapy and rehabilitation costs
- Assistive devices and equipment
- Home and vehicle modifications
- Special education costs
- Lost wages (parents)
- Future lost earning capacity (child)
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of enjoyment of life
- Disability and disfigurement
- Loss of companionship
Average Settlement Amounts (2025)
Settlement amounts vary significantly based on injury severity, long-term care needs, and case specifics. Severe cases frequently exceed $1 million.
How to Choose a Birth Injury Lawyer
1. Specialized Experience
Choose attorneys who focus extensively on birth injury and medical malpractice cases—not general practitioners who handle occasional malpractice claims. Birth injury cases require specific medical and legal expertise.
2. Proven Track Record
Look for attorneys with substantial verdicts and settlements in birth injury cases. A strong track record demonstrates the ability to handle complex medical litigation and secure maximum compensation.
3. Access to Medical Experts
Successful birth injury cases require testimony from qualified medical experts. Your attorney should have relationships with respected physicians who can review records and testify about the standard of care.
4. Contingency Fee Basis
Reputable birth injury attorneys work on contingency—you pay nothing unless they recover compensation. This allows families to pursue justice without upfront costs.
5. Compassionate Communication
You should feel comfortable with your attorney and trust them to guide you through difficult decisions. Choose someone who listens, explains clearly, and treats your family with respect.
6. Resources to Go to Trial
While most cases settle, your attorney must be prepared and willing to take your case to trial if necessary. This requires substantial resources and litigation experience.
Cerebral Palsy Lawsuits in New York
According to the CDC, 85-90% of cerebral palsy cases are congenital, meaning they relate to events before or during birth—often due to medical mistakes that could have been prevented. If your child has cerebral palsy caused by medical negligence, you may be entitled to significant compensation.
Common Causes of CP Negligence
- Failure to monitor fetal oxygen levels
- Delayed emergency C-section
- Improper use of delivery instruments
- Failure to treat maternal infections
- Inadequate response to placental abruption
- Failure to manage umbilical cord complications
Eligibility & Timing
Parents or legal guardians can file a lawsuit on behalf of a child with cerebral palsy if they believe medical negligence was a factor.
Important: You don't need an official CP diagnosis to consult an attorney. Contact a lawyer as soon as you suspect medical errors may have caused your child's condition.
In New York, you have until your child's 10th birthday to file a medical malpractice claim for birth injuries.
CP Settlement Amounts
The average cerebral palsy settlement exceeds $1 million, with many cases resulting in substantially higher awards. Recent examples include:
- $10.2 million verdict (Wisconsin, February 2025) for oxygen deprivation causing cerebral palsy in a 6-year-old
- $6 million settlement (NY, 2025) for respiratory complications and neurological damage resulting in cerebral palsy
- Lifetime care costs exceed $1.6 million (CDC, 2025 adjusted)
New York advantage: No caps on damages—you can seek full compensation.
What Your Attorney Will Do
- Review medical records and birth history
- Consult with medical experts and labor/delivery nurses
- Establish how the injury occurred and its lasting impact
- Prepare and file the Certificate of Merit
- Negotiate settlements or represent you at trial
- Calculate full lifetime costs of care
Recent Case Results
While every case is unique and past results don't guarantee future outcomes, families across New York have successfully secured substantial compensation for medical negligence. Here are recent case results demonstrating the potential value of birth injury and medical malpractice claims:
Over $500 Million recovered for clients in the past 10 years.
These results represent actual case outcomes. Individual results may vary based on the specific facts and circumstances of each case. Past performance does not guarantee future results.
Birth Injury Lawsuit FAQ
How much does it cost to hire a birth injury lawyer?
Most birth injury attorneys work on a contingency fee basis, meaning you pay nothing upfront. The attorney's fee (typically 33-40%) comes from your settlement or court award only if you win. If you don't recover compensation, you owe nothing.
How long do birth injury cases take?
Cases typically take 1-3 years to resolve, though some complex cases may take longer. Many cases settle during negotiations before trial, which can speed up the process. Your attorney can provide a more specific timeline based on your case.
Do I need a diagnosis before contacting a lawyer?
No. You can consult an attorney as soon as you suspect medical negligence may have caused your child's injury. The attorney will help arrange medical evaluations and expert reviews as part of building your case.
What is the Certificate of Merit requirement?
New York law (CPLR §3012-a) requires plaintiffs to file a Certificate of Merit from a qualified medical expert. If the statute of limitations is about to expire, you can file without it but must submit the certificate within 90 days after filing the complaint.
Can I sue if my child was born at a public hospital?
Yes, but there's a critical 90-day deadline: If your child was born at a NYC Health + Hospitals facility or other municipal hospital, you must file a Notice of Claim within 90 days of the injury. Missing this deadline can permanently bar your case, though courts may allow late filing up to 1 year and 90 days in limited circumstances.
What if the injury happened years ago?
In New York, under CPLR §208, you generally have until your child turns 10 to file a birth injury lawsuit. However, it's better to act sooner—evidence preservation and witness recollection are stronger when you file promptly.
Will my case go to trial?
Most birth injury cases settle out of court during negotiations or mediation. However, your attorney must be prepared to go to trial if a fair settlement cannot be reached. Having trial-ready representation often leads to better settlement offers.
What if I already accepted insurance money?
Accepting initial insurance payments may not prevent you from pursuing additional compensation, but it depends on what you signed. Consult an attorney immediately before accepting any settlements to understand your full rights.