Can You Recover Compensation for a Birth Defect in New York?

When a baby is born with a birth defect, parents face not only immediate medical concerns but also long-term questions about care, costs, and what went wrong. One question that often arises is whether compensation can be recovered for a birth defect in New York.

The short answer is yes, but only under specific circumstances. Birth defects caused by medical negligence, improper medication, or preventable toxic exposure may be eligible for compensation. However, birth defects that result from genetic factors or unavoidable environmental causes typically cannot form the basis for a legal claim.

Understanding when a birth defect may warrant legal action requires knowing the difference between natural occurrence and preventable harm, what types of claims exist, and how the legal process works in New York.

What Makes a Birth Defect Different from a Birth Injury?

Birth defects and birth injuries are two distinct medical categories, though they sometimes overlap in legal cases.

A birth defect is a structural or functional abnormality present at birth that develops during pregnancy. These include conditions like congenital heart defects, neural tube defects, cleft palate, and chromosomal abnormalities. Most birth defects occur due to genetic factors, unknown causes, or unavoidable environmental influences.

A birth injury, by contrast, typically results from trauma or oxygen deprivation during labor and delivery. Conditions like cerebral palsy, Erb’s palsy, or brain damage from prolonged labor often fall into this category.

The key legal distinction is causation. For a birth defect to be compensable in New York, there must be clear evidence that medical negligence or another preventable factor directly caused or substantially contributed to the condition.

How Common Are Birth Defects in New York?

Approximately 1 in 33 babies born in New York has a birth defect. That translates to over 6,700 affected infants each year.

Most of these cases have no identifiable cause. Even with advances in genetic testing and prenatal screening, the majority of birth defects arise from complex interactions between genes and environment that cannot be pinpointed to a single preventable event.

Only a small fraction of birth defects result from avoidable medical errors or negligence. This reality makes legal claims more challenging but not impossible when genuine malpractice has occurred.

The New York State Congenital Malformations Registry tracks birth defects across the state. This surveillance system, which reports to the CDC and National Birth Defects Prevention Network, helps identify trends, environmental risks, and areas where medical intervention could prevent future cases.

When Medical Negligence Can Cause a Birth Defect

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure directly harms the patient. In the context of birth defects, several types of negligence can create the basis for a legal claim.

Failure to Diagnose or Treat Maternal Infections

Some infections during pregnancy can cause serious birth defects if left untreated. Rubella, toxoplasmosis, cytomegalovirus, and Zika virus are known teratogens, meaning they can disrupt fetal development.

If a healthcare provider fails to screen for, diagnose, or properly treat a maternal infection that then causes a birth defect, this may constitute malpractice. The key question is whether the provider followed standard prenatal care protocols and whether timely intervention could have prevented the defect.

Improper Prescription or Use of Medications During Pregnancy

Certain medications are known to cause birth defects when taken during pregnancy. These include some anticonvulsants, acne medications like isotretinoin, certain antibiotics, and some psychiatric drugs.

A healthcare provider who prescribes a known teratogenic drug without warning the patient of the risks, or who fails to verify pregnancy status before prescribing, may be liable if a birth defect results. Similarly, if a provider fails to manage a chronic condition safely during pregnancy and this leads to fetal harm, a claim may be viable.

Failure to Provide Proper Prenatal Screening or Genetic Counseling

While prenatal screening cannot prevent most birth defects, it can identify high-risk pregnancies and allow for informed decision-making. If a provider fails to offer appropriate screening tests, misinterprets results, or fails to refer a patient for genetic counseling when indicated, this may form the basis of a wrongful birth or wrongful life claim in some jurisdictions.

New York law has specific limitations on these types of claims, and they remain legally complex and controversial.

Negligent Delivery Practices That Worsen a Pre-existing Condition

Sometimes a birth defect exists before delivery, but negligent actions during labor and delivery worsen the condition or create additional injuries. For example, a baby with a known heart defect may suffer preventable brain damage if medical staff fail to monitor oxygen levels properly during a difficult delivery.

In these situations, the claim may focus on the additional harm caused by negligence rather than the underlying defect itself.

Types of Birth Defect Claims That Can Be Filed in New York

Medical Malpractice Claims Against Healthcare Providers

The most common type of birth defect claim involves medical malpractice by doctors, nurses, midwives, or hospitals. These claims require proving that:

• The provider owed a duty of care to the mother and baby
• The provider breached that duty by failing to meet accepted medical standards
• This breach directly caused the birth defect
• The defect resulted in measurable damages

Establishing causation is often the most challenging element. Medical experts must testify that the provider’s actions or omissions more likely than not caused the specific defect.

Pharmaceutical Liability Claims for Defective or Improperly Prescribed Drugs

If a birth defect results from a medication, two types of claims may be possible.

First, a claim against the prescribing provider for medical negligence if the drug was improperly prescribed, the patient was not adequately warned of risks, or contraindications were ignored.

Second, a product liability claim against the pharmaceutical manufacturer if the drug itself was defectively designed, manufactured, or marketed with inadequate warnings about pregnancy risks.

Some of the largest birth defect settlements and verdicts in U.S. history have involved pharmaceutical claims related to drugs like thalidomide (historically) and more recently certain anticonvulsants and antidepressants.

Toxic Exposure Claims for Environmental Contaminants

Birth defects can result from exposure to environmental toxins such as lead, mercury, pesticides, industrial solvents, or contaminated water.

If a property owner, employer, landlord, or company negligently allowed a pregnant woman to be exposed to harmful substances, and that exposure caused a birth defect, a toxic tort claim may be filed.

These cases often involve complex scientific evidence linking specific exposures to particular defects and may include multiple defendants.

What You Must Prove to Recover Compensation in New York

Establishing the Standard of Care

New York medical malpractice law requires proving that a healthcare provider failed to meet the standard of care that a reasonably competent provider in the same specialty would have followed under similar circumstances.

This requires expert testimony from qualified medical professionals who can explain what should have been done differently and why the deviation from standard practice was unreasonable.

Proving Direct Causation Between Negligence and the Birth Defect

Even if negligence occurred, compensation cannot be recovered unless there is clear evidence that the negligence directly caused the birth defect.

This is particularly challenging with birth defects because many have multifactorial causes or unknown origins. Medical experts must establish that it is more probable than not that the negligence was a substantial contributing factor in causing the defect.

In cases where a birth defect would have occurred regardless of the provider’s actions, no liability exists even if negligence occurred.

Documenting Damages and Future Care Needs

Birth defect claims must quantify both current and future damages. This typically requires detailed medical evaluations, life care plans, and economic projections showing:

• Past and future medical expenses
• Surgical interventions and ongoing treatments
• Therapy and rehabilitation costs
• Special education needs
• Home and vehicle modifications
• Assistive devices and technology
• Lost earning capacity if the child’s condition will limit future employment

Non-economic damages such as pain and suffering, loss of quality of life, and emotional distress can also be recovered. Unlike some states, New York does not cap damages in medical malpractice cases, meaning compensation can be substantial when severe, lifelong conditions result from negligence.

Time Limits for Filing a Birth Defect Claim in New York

The Standard Medical Malpractice Statute of Limitations

New York generally requires medical malpractice claims to be filed within 2.5 years from the date of the alleged malpractice or from the end of continuous treatment by the same provider for the same condition.

However, birth defect cases often involve a discovery rule consideration. If the defect or its cause was not immediately apparent, the statute of limitations may begin when the defect was discovered or reasonably should have been discovered.

Special Rules for Claims on Behalf of Children

New York law provides an “infancy toll” that can extend the statute of limitations for claims brought on behalf of children. In birth defect cases, the child’s claim may not begin to run until they turn 18, potentially allowing a case to be filed years after the birth.

However, parents’ own claims for medical expenses and emotional distress are subject to the standard 2.5-year limitation period and do not benefit from the infancy toll.

Notice of Claim Requirements for Public Hospitals

If the birth defect claim involves care at a public hospital or by a government employee, New York law requires filing a formal “Notice of Claim” with the appropriate government entity within 90 days of the alleged malpractice.

Failure to file this notice within the strict 90-day window typically bars the claim entirely, with very limited exceptions.

What Types of Compensation Can Be Recovered

Economic Damages for Medical Care and Special Needs

Economic damages compensate for measurable financial losses, including:

• All past medical bills related to the birth defect
• Future medical care, surgeries, and treatments over the child’s lifetime
• Physical, occupational, and speech therapy
• Psychological counseling and psychiatric care
• Medications and medical equipment
• Home health aides and nursing care
• Modifications to the home for accessibility
• Adapted vehicles and transportation costs
• Special education services and tutoring
• Vocational rehabilitation
• Lost earning capacity if the defect limits future employment

Because many birth defects create lifelong care needs, economic damages in severe cases can reach into the millions of dollars. Life care planners and economists typically provide detailed projections of these costs.

Non-Economic Damages for Pain and Suffering

Non-economic damages compensate for intangible harms that cannot be precisely calculated:

• Physical pain and discomfort
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Disfigurement and scarring
• Loss of bodily function
• Reduced quality of life

New York does not cap non-economic damages in birth defect cases, allowing juries to award compensation that reflects the true impact of the condition on the child’s life.

Parental Claims for Emotional Distress

Parents can also pursue their own claims for emotional distress caused by witnessing their child’s suffering or by the negligence that caused the birth defect.

Historically, New York restricted recovery for emotional distress in certain situations, but recent Court of Appeals decisions have expanded parents’ ability to recover for negligent infliction of emotional distress in birth injury and birth defect cases.

Parents may also recover for their own medical expenses incurred in treating the condition and for loss of services and companionship.

Why Most Birth Defects Cannot Form the Basis for a Legal Claim

The vast majority of birth defects occur without any identifiable preventable cause. Genetic mutations, chromosomal abnormalities, and complex gene-environment interactions account for many cases.

Even when environmental factors play a role, establishing that a specific exposure caused a particular defect requires clear scientific evidence of causation. Many birth defects have multiple potential causes, making it legally impossible to prove that negligence was the determining factor.

Additionally, some birth defects result from unavoidable complications of pregnancy or from risk factors that were properly disclosed and managed. In these situations, no liability exists even though the outcome is tragic.

The legal system distinguishes between bad outcomes and negligent care. A birth defect alone, no matter how severe, does not automatically mean that someone is legally responsible.

The Role of the New York State Congenital Malformations Registry

New York maintains a comprehensive birth defects surveillance system through the New York State Congenital Malformations Registry. This registry collects data on all babies born in the state with structural birth defects, chromosomal abnormalities, and certain other conditions.

The registry serves several important public health functions:

• Monitoring trends in birth defect prevalence over time
• Identifying geographic clusters that might indicate environmental causes
• Evaluating the effectiveness of prevention programs
• Contributing data to national surveillance networks
• Supporting research into causes and prevention strategies

When unusual patterns emerge, such as an increase in specific defects in a particular area, the registry triggers investigation into potential environmental or infectious causes.

For families, the registry ensures that birth defects are documented and tracked, which can support public health interventions even when individual legal claims are not viable.

What Large Verdicts and Settlements Reveal About Birth Defect Cases

Birth defect cases that result in substantial verdicts or settlements typically involve clear evidence of negligence and severe, permanent harm.

Some of the largest awards in New York birth injury cases have reached $20 million or more, though these represent extraordinary cases involving catastrophic conditions like severe brain damage, cerebral palsy with profound disability, or multiple organ system failures.

These cases share common characteristics:

• Compelling evidence that the healthcare provider ignored clear warning signs
• Preventable failures in monitoring or treatment
• Expert testimony establishing that proper care would have prevented the outcome
• Devastating lifelong impact requiring extensive medical care and support
• Strong documentation of both economic and non-economic damages

However, such outcomes are rare. Most birth defect claims are either resolved through settlement for lesser amounts or are not pursued at all due to difficulty establishing causation or negligence.

The existence of these large verdicts does not mean every birth defect case has similar value. Each claim depends on the specific facts, the strength of the evidence, and the severity of the resulting harm.

How Birth Defect Claims Differ from Standard Birth Injury Cases

Birth injury cases typically involve trauma or oxygen deprivation during labor and delivery. These cases often have clearer causal links because the injury occurs during a specific, documented event where medical interventions can be reviewed in detail.

Birth defect cases are more complex because:

• The defect develops during pregnancy, often weeks or months before delivery
• Multiple factors may contribute to the defect, making causation harder to prove
• Many birth defects have no known preventable cause
• Proving what should have been done differently during prenatal care requires extensive expert analysis
• Distinguishing between genetic causes and environmental or medical factors is scientifically challenging

These differences make birth defect claims generally more difficult to pursue successfully than birth injury claims, though both require specialized legal and medical expertise.

When to Consult a Medical Malpractice Attorney About a Birth Defect

Not every birth defect warrants legal action, but certain situations suggest that consultation with an experienced attorney may be appropriate:

• A healthcare provider failed to diagnose or treat a maternal infection known to cause birth defects
• A medication with known teratogenic effects was prescribed without adequate warning or monitoring
• Prenatal screening was not offered when it should have been, or results were misinterpreted
• There were clear departures from standard prenatal care that appear connected to the defect
• An environmental exposure occurred due to someone’s negligence
• The birth defect appeared shortly after a specific medical intervention or event

Medical malpractice attorneys who handle birth defect cases typically offer free initial consultations and work on contingency, meaning they only collect fees if compensation is recovered.

Because of the strict time limits for filing claims, early consultation is important even if a decision to pursue a case has not been made.

Moving Forward After a Birth Defect Diagnosis

Learning that a child has a birth defect brings overwhelming emotions and immediate practical concerns. The question of whether someone is legally responsible is often secondary to ensuring the child receives appropriate medical care and support.

Whether or not a legal claim is viable, families dealing with birth defects have access to numerous resources:

• Early intervention programs that provide therapy and developmental support
• State and federal benefits programs including Medicaid and SSI
• Special education services through school districts
• Support groups and advocacy organizations
• Medical specialists who focus on specific conditions

Understanding your legal rights is one part of a larger process of advocating for your child and accessing the resources they need. When negligence has caused preventable harm, pursuing compensation can provide the financial means to access the best possible care and support for a lifetime.

But the legal system also recognizes that most birth defects occur without fault, and that families facing these challenges deserve compassion and support regardless of whether a lawsuit is appropriate.