Michael S. Porter
Eric C. Nordby
When a child suffers a birth injury, families face questions that can feel impossible to answer alone. What went wrong? Could it have been prevented? What kind of care will my child need? Is there any legal recourse? The emotional weight of these questions is matched only by the complexity of finding reliable answers.
At NYBirthInjury.com, we exist to help families navigate this overwhelming moment with clarity and confidence. We provide two essential forms of support: trusted medical information and experienced legal guidance. Our goal is to empower parents and guardians with the knowledge they need to understand what happened, make informed decisions about their child’s care, and pursue accountability when medical negligence has caused harm.
Trusted Medical Information from Authoritative Sources
Understanding your child’s diagnosis and prognosis is the first step toward making informed decisions about their care. However, searching for medical information online can quickly become overwhelming. Search results often lead to unreliable websites, conflicting advice, and technical language that feels impossible to decode.
We believe that families deserve access to accurate, up-to-date medical information from sources they can trust. That’s why NYBirthInjury.com curates information exclusively from recognized medical authorities, including:
- Federal health agencies: Centers for Disease Control and Prevention (CDC), National Institutes of Health (NIH), National Center for Biotechnology Information (NCBI)
- Medical research databases: PubMed and peer-reviewed medical journals
- Professional medical organizations: American Academy of Pediatrics (AAP), American College of Obstetricians and Gynecologists (ACOG), World Health Organization (WHO)
- New York State health resources: New York State Department of Health
- Trusted medical centers: Mount Sinai, NYU Langone Health, Columbia University Irving Medical Center, Albany Medical Center, and other recognized institutions with expertise in neonatal and obstetric care
Rather than sifting through countless websites of varying quality, families can turn to our organized database of information drawn from these authoritative sources. We present complex medical concepts in clear, accessible language while maintaining factual accuracy.
Why Education Matters
Knowledge is one of the most powerful tools available to families facing a birth injury. Understanding your child’s condition helps you ask the right questions during medical appointments, advocate effectively for their needs, and identify the specialists and therapies that may benefit them most.
The information we provide is not medical advice. Every child’s situation is unique, and decisions about diagnosis and treatment should always be made in consultation with qualified healthcare providers. However, our resources can help you:
- Understand medical terminology related to your child’s condition
- Learn about common birth injuries and their causes
- Identify questions to ask your child’s healthcare team
- Research potential treatment options and therapies
- Determine appropriate next steps for your family
By consolidating reliable information in one place, we aim to reduce the stress and confusion that often accompany independent research. You shouldn’t have to become a medical expert overnight, but you should have access to the same trusted sources that healthcare professionals rely on.
Legal Guidance for Birth Injury Cases in New York
Not all birth injuries are the result of negligence. Sometimes, despite excellent medical care, complications arise that no one could have prevented. However, when a birth injury occurs because a healthcare provider failed to meet accepted standards of care, New York law provides families with a path to seek compensation and accountability.
Understanding whether you have a valid legal claim requires specialized knowledge of both medicine and law. The legal process for birth injury cases in New York is complex, governed by strict rules and timelines that can be difficult to navigate without experienced legal counsel.
What Is a Birth Injury Lawsuit?
A birth injury lawsuit is a type of medical malpractice claim brought when negligence during pregnancy, labor, or delivery causes harm to a baby or mother. These cases are not about blame or anger. They are about ensuring that families have the financial resources to provide their child with the best possible care for as long as they need it.
To succeed in a birth injury medical malpractice case in New York, four elements must be proven:
- Duty of care: The healthcare provider had a professional responsibility to you and your baby
- Breach of duty: The provider failed to meet the accepted standard of medical care
- Causation: The provider’s failure directly caused the injury
- Damages: Your child suffered measurable harm as a result
Proving these elements requires extensive investigation, detailed medical records review, and testimony from medical experts who can explain what should have happened and why it didn’t.
When Birth Injury Lawsuits Are Filed
Families often wonder whether they waited too long to pursue legal action. The answer depends on several factors specific to New York law.
Under New York Civil Practice Law and Rules, medical malpractice lawsuits must generally be filed within two years and six months of the negligent act. However, New York provides special protection for injured children through what’s known as the “infancy toll.” This legal provision pauses the statute of limitations for minors, giving families more time to pursue claims.
For birth injury cases specifically, the lawsuit must typically be filed within 10 years of the date of birth. This extended deadline recognizes that the full extent of a birth injury may not become apparent immediately and that families need time to understand what happened before pursuing legal action.
If the birth injury occurred at a public hospital such as a New York City Health + Hospitals facility or a county hospital, an additional requirement applies. Families must file a Notice of Claim with the public entity within 90 days after the injury occurs. This is a strict deadline that can bar a lawsuit entirely if missed, though courts may grant extensions under certain circumstances.
These timelines are not suggestions. They are legal deadlines that, if missed, can permanently prevent a family from recovering compensation, no matter how strong their case might be. This is why consulting with an experienced birth injury attorney as soon as you suspect negligence is so important.
The Burden of Proof and Medical Expert Requirements
New York law requires that medical malpractice claims be supported by credible medical expert opinion before a lawsuit can proceed. This safeguard, known as the Certificate of Merit requirement, ensures that only legitimate claims move forward.
Before filing a birth injury lawsuit, your attorney must consult with at least one physician who is licensed to practice and knowledgeable about the medical issues in your case. The attorney must then certify in writing that, based on this consultation and a review of the facts, there is a reasonable basis to believe that malpractice occurred.
This requirement means that no reputable birth injury law firm will file a case without first conducting a thorough investigation and obtaining expert medical support. The experts must be able to explain:
- What the standard of care required in your situation
- How the healthcare provider’s actions fell below that standard
- Why the provider’s negligence caused your child’s injury
- What the long-term consequences of that injury are likely to be
These experts often include obstetricians, maternal-fetal medicine specialists, neonatologists, pediatric neurologists, and other physicians with relevant expertise. Their role is not only to support your claim legally but also to help you understand what happened and why.
How Long Birth Injury Cases Take
One of the most difficult realities of birth injury litigation is that it takes time. These cases are among the most complex in the civil justice system, requiring extensive investigation, multiple expert witnesses, detailed discovery, and often lengthy negotiations.
From the initial consultation to final resolution, a birth injury case can take anywhere from one to four years or more, depending on the complexity of the medical issues, the willingness of defendants to negotiate, and whether the case goes to trial.
During this time, families may feel frustrated that compensation isn’t arriving immediately. However, this timeline exists for good reason. Rushing through a birth injury case can result in settling for far less than your child needs or failing to fully document the extent of their injuries and future care requirements.
Your attorney will work to resolve your case as efficiently as possible while ensuring that all medical evidence is gathered, all experts have been consulted, and the full scope of your child’s needs has been documented. Only then can a fair settlement be negotiated or a strong case be presented at trial.
What Compensation Is Available in New York Birth Injury Cases
New York law allows families to recover both economic and non-economic damages when medical negligence causes a birth injury.
Economic damages compensate for measurable financial losses:
- Past, present, and future medical expenses
- Costs of ongoing therapy, rehabilitation, and specialized equipment
- Long-term care needs, including home health aides
- Modifications to your home or vehicle to accommodate your child’s needs
- Special education services and tutoring
- Lost earning capacity for your child’s future
Non-economic damages compensate for intangible losses:
- Your child’s physical pain and suffering
- Emotional distress and psychological harm
- Loss of enjoyment of life due to the injury
One critical aspect of New York law that sets it apart from many other states is that there is no cap on medical malpractice damages. Unlike states that limit how much compensation can be awarded, New York allows juries to award whatever amount they determine is fair and just based on the circumstances of your case.
This is particularly important for birth injury cases involving severe, lifelong conditions such as cerebral palsy, where the lifetime costs of care can easily reach into the millions of dollars. Your child deserves compensation that reflects the true scope of their needs, not an arbitrary legal limit.
Settlements in Birth Injury Cases
Most birth injury cases settle before trial. This doesn’t mean your case is weak or that you’re accepting less than you deserve. Rather, it reflects that defendants and their insurance companies recognize the strength of the evidence and prefer to negotiate a resolution rather than face a jury.
Settlement negotiations require skill, patience, and a thorough understanding of your child’s current and future needs. Your attorney must be able to calculate not just immediate medical expenses but also the projected lifetime costs of care, therapy, assistive devices, educational support, and any necessary modifications to your living situation.
When a settlement is reached for a minor child, New York law requires court approval. A judge will review the proposed settlement to ensure it serves the child’s best interests. Required documentation includes medical records, proof of expenses, the child’s current condition and prognosis, and an explanation from your attorney about why the settlement amount is appropriate.
For substantial settlements, many families choose what’s known as a structured settlement rather than receiving a single lump sum. A structured settlement provides periodic payments over time, often tailored to anticipated future needs. For example, payments might increase when your child reaches adulthood or when specific medical interventions are expected. These arrangements offer tax advantages and ensure that funds remain available throughout your child’s lifetime.
How Our Legal Team Supports Families Through Every Step
The birth injury litigation process involves multiple stages, each requiring specialized knowledge and careful attention to detail. Here’s how our team guides families through this complex journey.
Comprehensive Case Investigation
The first step in any birth injury case is determining whether medical negligence occurred. This requires a meticulous review of your medical records and a detailed understanding of what happened during pregnancy, labor, and delivery.
Our team obtains and carefully reviews all relevant medical documentation, including:
- Prenatal care records showing maternal health throughout pregnancy
- Labor and delivery notes documenting the timeline of events
- Fetal heart rate monitoring strips showing signs of distress
- Anesthesia records and medication administration logs
- Nursing notes capturing observations and concerns
- Physician orders and their timing
- Laboratory results and imaging studies
- Consultation notes and transfer records
This review allows us to identify potential deviations from accepted medical standards. Did providers properly monitor your baby’s heart rate? Did they recognize and respond appropriately to signs of fetal distress? Was a cesarean section delayed when it should have been performed immediately? Were maternal conditions such as preeclampsia or gestational diabetes properly diagnosed and managed?
Medical records tell a story, but interpreting that story requires expertise. Our team works with qualified medical experts who can identify where care fell below accepted standards and explain why those failures caused harm.
Strategic Case Planning and Legal Filing
Once we’ve determined that your case has merit, we develop a comprehensive legal strategy tailored to your situation. This includes preparing the required Certificate of Merit, drafting a detailed complaint that sets forth your claims, and ensuring all procedural requirements are met.
Timing is critical. We manage all applicable deadlines, including the statute of limitations for your case and, if a public hospital is involved, the 90-day deadline for filing a Notice of Claim. Missing these deadlines can destroy even the strongest case, so we maintain careful calendar systems and work efficiently to protect your rights.
Discovery and Expert Testimony Coordination
After your lawsuit is filed, both sides engage in discovery, which is the formal process of gathering information and evidence. This includes written questions (interrogatories), document requests, and depositions where witnesses answer questions under oath.
During this phase, we coordinate with multiple medical experts who will support your case. These experts must be carefully selected for their qualifications, their ability to explain complex medical concepts clearly, and their credibility. We prepare them thoroughly for depositions and potential trial testimony.
This is also when we fully document the impact of your child’s injury. We work with life care planners who can project your child’s future needs and calculate the lifetime costs of providing appropriate care. This analysis becomes the foundation for demanding adequate compensation.
Settlement Negotiations
Throughout the litigation process, there are opportunities for settlement discussions. We negotiate strategically with defendants and their insurance companies, always keeping your child’s long-term needs at the forefront.
Settlement offers must be carefully evaluated. An offer that seems substantial today may be grossly inadequate when you consider decades of medical care, therapy, and support your child will require. We assess each offer against projected trial outcomes and the documented costs of your child’s care.
We never pressure families to settle. The decision to accept a settlement offer is always yours. Our role is to provide honest, informed guidance about the strengths and weaknesses of settlement versus trial so you can make the choice that’s right for your family.
Trial Representation
If a fair settlement cannot be reached, we are prepared to take your case to trial. This means presenting your story to a jury, calling expert witnesses to explain what went wrong and why, cross-examining defense witnesses, and arguing for full compensation.
Trial preparation is intensive, requiring months of work to organize evidence, prepare witnesses, and develop persuasive presentations. While trials can be emotionally difficult for families, they also provide an opportunity to hold negligent providers publicly accountable and to seek the maximum compensation your child deserves.
Court Approval and Structured Settlement Coordination
When a settlement is reached or a verdict is awarded, our work isn’t finished. We guide families through the court approval process required for minors’ settlements, ensuring all necessary documentation is prepared and submitted.
For families interested in structured settlements, we coordinate with financial experts to design payment schedules that align with your child’s anticipated needs. These arrangements can provide long-term financial security and peace of mind.
Legal Representation on a Contingency Fee Basis
The cost of legal representation should never prevent families from pursuing justice. That’s why we handle birth injury cases on a contingency fee basis.
Under this arrangement:
- No upfront costs: You pay nothing to hire our firm or to begin investigating your case
- No ongoing expenses: We advance all costs necessary to build your case, including expert fees, medical record acquisition, and court filing fees
- No fee unless we win: Our attorney’s fee is a percentage of any recovery we obtain for you. If we don’t win your case, you owe us nothing
This approach aligns our interests with yours. We are motivated to obtain the maximum possible compensation because our fee depends on your success. More importantly, it ensures that every family, regardless of their financial situation, can access experienced legal representation.
Moving Forward with Confidence
No amount of compensation can undo the harm your child has suffered or restore the future you envisioned for your family. We understand that, and we approach every case with the compassion and respect it deserves.
What compensation can do is ensure your child has access to the best possible medical care, therapy, educational support, and quality of life for as long as they need it. It can provide financial security for your family and hold negligent healthcare providers accountable so that other families don’t face similar tragedies.
If you believe your child’s birth injury may have been caused by medical negligence, we encourage you to reach out for a consultation. There is no risk in exploring your options, and given the strict deadlines that apply to birth injury cases in New York, acting promptly protects your rights.
NYBirthInjury.com exists to support families through one of the most difficult experiences imaginable, with trusted information, experienced legal guidance, and unwavering commitment to your child’s future.
Disclaimer: All information in this site is for educational and reference purposes. This is not medical advice or legal advice. Always consult with a qualified doctor or lawyer.