Michael S. Porter
Eric C. Nordby
When a child suffers a preventable injury during labor or delivery, families face overwhelming emotional, medical, and financial challenges. Understanding how a birth injury law firm can support you during this difficult time is an important step toward securing the resources and care your child may need for years to come.
A birth injury law firm offers specialized legal knowledge in medical malpractice, birth trauma, and the unique laws governing these cases in New York. These firms investigate what happened during your child’s birth, identify whether medical negligence occurred, and help families pursue compensation for medical expenses, ongoing care, and other damages. Most importantly, they guide you through a complicated legal system while you focus on your child’s health and well-being.
This page explains the specific ways a birth injury law firm supports families, the legal protections available to you in New York, and what to expect when considering legal representation.
What Does a Birth Injury Law Firm Do for Families?
Birth injury law firms focus exclusively on cases involving injuries that occur during pregnancy, labor, delivery, or the immediate newborn period. They understand the medical details behind conditions like cerebral palsy, Erb’s palsy, hypoxic-ischemic encephalopathy, and other birth-related injuries. Their role goes far beyond simply filing a lawsuit.
These firms work to understand your family’s story, review the medical facts, and determine whether the injury was preventable. They serve as both legal advocates and guides, helping you make informed decisions about your rights and options.
Investigating Your Child’s Medical Care
One of the first things a birth injury law firm will do is conduct a thorough investigation into the medical care your child and birthing parent received. This process involves carefully reviewing hospital records, delivery notes, fetal monitoring strips, lab results, imaging studies, and other clinical documentation.
Attorneys work with independent medical experts who specialize in obstetrics, neonatology, nursing, and other relevant fields. These experts evaluate whether the healthcare providers followed accepted standards of care. They assess whether warning signs were missed, whether interventions were delayed, and whether different actions could have prevented the injury.
This investigation is critical. Birth injury cases hinge on proving that a medical professional’s actions or inactions fell below the standard of care and directly caused harm. Without a detailed, evidence-based analysis, it is nearly impossible to build a strong case.
Understanding Whether Negligence Occurred
Not every birth injury is the result of medical negligence. Some injuries occur despite excellent care. A birth injury law firm helps families understand the difference.
Negligence in a birth injury case means that a healthcare provider failed to act with the level of skill and care that a reasonably competent provider would have used in similar circumstances. This might include failing to monitor fetal distress, delaying a necessary cesarean section, misusing delivery instruments like forceps or vacuum extractors, or failing to diagnose and treat maternal infections.
Your attorney will work with medical experts to determine whether negligence occurred, who may be responsible, and what legal options are available. This honest assessment helps families make informed decisions about whether to pursue a claim.
Filing Your Claim Within New York’s Legal Deadlines
New York has strict time limits for filing birth injury lawsuits, known as statutes of limitations. Missing these deadlines can permanently prevent you from seeking compensation, even if your case has merit.
Under New York Civil Practice Law and Rules § 214-a, medical malpractice claims generally must be filed within two and a half years of the alleged negligence. However, special rules apply to children injured at birth. In many cases, the statute of limitations is tolled, or paused, allowing families to file until the child’s 10th birthday.
Different rules apply if the injury involved a public hospital or municipal healthcare facility. In those cases, families must file a notice of claim within 90 days of the injury, followed by a lawsuit within one year and 90 days.
These deadlines are complex and vary depending on the specifics of your situation. A birth injury law firm ensures that all filings are completed correctly and on time, protecting your family’s legal rights.
Gathering and Preserving Critical Evidence
Birth injury cases require extensive documentation. Your attorney will gather and organize all relevant evidence, including medical records, expert opinions, witness statements, and diagnostic reports.
Under New York Public Health Law § 18, parents and legal guardians have the right to access their child’s complete medical records. Your law firm will request these records on your behalf and work with medical experts to analyze them in detail.
Attorneys also preserve evidence that might otherwise be lost, such as electronic fetal monitoring data, hospital policies in effect at the time of delivery, and staffing records. This evidence forms the foundation of your case.
Meeting New York’s Certificate of Merit Requirement
New York law requires plaintiffs in medical malpractice cases to file a certificate of merit alongside the complaint. This certificate, required under CPLR § 3012-a, is a sworn statement from the attorney confirming that they have consulted with at least one qualified medical professional who supports the claim that a departure from accepted medical standards occurred.
This requirement is designed to prevent frivolous lawsuits and ensure that cases have a credible medical foundation before moving forward. A birth injury law firm will work with medical experts early in the process to meet this requirement and comply with all procedural rules.
Communicating with Insurance Companies and Defendants
After a birth injury, families are often contacted by insurance adjusters, hospital representatives, or defense attorneys. These parties may try to minimize liability, downplay the severity of the injury, or pressure families into accepting inadequate settlements.
Your birth injury law firm handles all communications with these parties, protecting you from tactics designed to undermine your claim. They ensure that nothing you say can be used against you and that your rights are fully protected throughout the process.
This also gives you the space and peace of mind to focus on your child’s medical needs and your family’s well-being.
Negotiating Fair Settlements
Most birth injury cases are resolved through settlement rather than trial. Your attorney will negotiate with the defendants and their insurers to reach a fair resolution that fully compensates your family for past and future damages.
Settlement negotiations require a deep understanding of both the legal and medical aspects of your case. Your lawyer will calculate the full value of your claim, including economic and noneconomic damages, and advocate aggressively for a settlement that reflects the true cost of your child’s injury.
Pursuing Full Compensation for Your Family’s Losses
Birth injuries often result in lifelong medical needs, including surgeries, therapies, medications, assistive devices, and specialized care. The financial impact can be staggering. A birth injury law firm works to recover compensation for all damages your family has suffered and will continue to suffer.
Economic damages may include:
- Past and future medical expenses
- Physical therapy, occupational therapy, and speech therapy
- Special education services and tutoring
- Assistive technology and adaptive equipment
- Home modifications for accessibility
- Lost wages if a parent must leave work to care for the child
Noneconomic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and other intangible harms. In cases involving severe injury, these damages can be substantial.
In wrongful death cases, families may also pursue damages for loss of companionship, funeral expenses, and the emotional suffering caused by the loss of a child.
Preparing for Trial if Necessary
While most birth injury cases settle, some proceed to trial. If the defendants refuse to offer fair compensation, your attorney will be prepared to present your case before a judge or jury.
Trial preparation involves working with expert witnesses, preparing exhibits and demonstrative evidence, deposing witnesses, and crafting a compelling narrative that clearly explains what happened and why it matters. Experienced birth injury law firms are skilled litigators who know how to present complex medical information in a way that juries can understand.
Going to trial is a significant decision, but it is sometimes necessary to achieve justice and secure the resources your child needs.
Connecting You with Medical and Support Resources
Beyond legal representation, many birth injury law firms maintain relationships with medical specialists, therapists, early intervention programs, and advocacy organizations. They can help connect you with resources that support your child’s development and your family’s needs.
At nybirthinjury.com, we provide trusted information and help families connect with qualified medical, legal, and support resources across New York and the United States. Our goal is to empower families with the knowledge and connections they need to navigate this challenging time.
Why Legal Representation Matters
Birth injury cases are among the most complex areas of medical malpractice law. They require a thorough understanding of obstetrics, neonatology, labor and delivery standards, and the legal rules governing negligence and damages.
Attempting to pursue a claim without experienced legal representation puts your family at a significant disadvantage. Defendants in these cases are represented by skilled attorneys and supported by well-funded insurance companies. Without an advocate on your side, you may miss critical deadlines, fail to gather necessary evidence, or accept a settlement far below what your family deserves.
A birth injury law firm levels the playing field. They have the knowledge, resources, and experience to hold negligent parties accountable and fight for the compensation your child needs for a better future.
What to Expect During Your First Consultation
Most birth injury law firms offer free initial consultations. During this meeting, you will have the opportunity to share your story, ask questions, and learn more about your legal options.
The attorney will ask about the circumstances of your child’s birth, the medical care provided, and the injuries your child sustained. They may request copies of medical records or other documentation, though this is not always necessary for the first meeting.
This consultation is also your chance to evaluate whether the firm is the right fit for your family. Pay attention to how they communicate, whether they listen to your concerns, and whether they explain legal concepts in a way that makes sense to you.
There is no obligation to hire the firm after the consultation. Take the time you need to make an informed decision.
How Long Does a Birth Injury Case Take?
The timeline for a birth injury case varies depending on the complexity of the medical issues, the willingness of defendants to negotiate, and whether the case goes to trial. Some cases resolve within a year, while others take several years.
Your attorney will keep you informed throughout the process and work efficiently to move your case forward. While waiting can be difficult, thorough preparation is essential to achieving the best possible outcome for your family.
Do I Have to Pay Upfront Legal Fees?
Most birth injury law firms work on a contingency fee basis. This means you do not pay any upfront costs or hourly fees. Instead, the firm is paid a percentage of the settlement or verdict only if they win your case.
This arrangement allows families to access high-quality legal representation without financial risk. If your case is not successful, you owe nothing.
Your attorney will explain their fee structure clearly during the initial consultation, so you fully understand the financial terms before moving forward.
Taking the First Step
If you believe your child’s birth injury may have been preventable, reaching out to a birth injury law firm is an important first step. You deserve answers, and your child deserves the resources and care they need to thrive.
A birth injury law firm can help you understand what happened, whether negligence occurred, and what legal options are available to your family. They will guide you with compassion, professionalism, and a commitment to securing justice and support for your child’s future.
You do not have to navigate this alone. Help is available, and taking action now can make a meaningful difference in your child’s life.