Michael S. Porter
Eric C. Nordby
When a baby is injured during pregnancy, labor, or delivery due to preventable medical errors, families face not only the immediate trauma of their child’s condition but also countless questions about what happened, why it happened, and what comes next. Understanding birth injury medical malpractice can help you make sense of a difficult situation and determine whether your family has legal options for seeking accountability and support.
This page explains the legal framework surrounding birth injuries in New York, including what qualifies as medical malpractice, how these cases work, and what families need to know when considering their next steps.
What Qualifies as Birth Injury Medical Malpractice
Birth injury medical malpractice occurs when a preventable injury to a newborn or mother results from a healthcare provider’s failure to follow accepted medical standards during pregnancy, labor, delivery, or newborn care. Not all birth injuries are the result of malpractice. Some complications arise despite excellent care. However, when a doctor, nurse, midwife, or hospital deviates from the standard of care and that deviation causes harm, it may constitute malpractice.
In New York, birth injury cases are governed by the same medical malpractice laws that apply to other types of healthcare negligence. These laws establish clear requirements for proving a claim and set specific timelines within which families must act.
Common examples of medical errors that can lead to birth injuries include failure to recognize and respond to fetal distress, improper use of forceps or vacuum extractors, delayed decisions to perform emergency cesarean sections, and inadequate management of high-risk pregnancies or maternal conditions like preeclampsia or gestational diabetes.
What You Must Prove in a Birth Injury Malpractice Case
To succeed in a birth injury medical malpractice claim in New York, your legal team must demonstrate four essential elements. Each one builds on the others, and all must be present to establish liability.
A Doctor-Patient Relationship Existed
The healthcare provider must have owed a duty of care to you or your baby. This is typically straightforward in birth injury cases, as the relationship is established when a physician, hospital, or birthing center agrees to provide prenatal or delivery care.
The Provider Breached the Standard of Care
Medical professionals are expected to provide care that meets the standards of similarly trained practitioners in the same specialty. A breach occurs when a provider’s actions fall below this accepted standard. For example, if fetal heart monitoring shows signs of oxygen deprivation and the medical team fails to intervene in a timely manner, that may constitute a breach.
Determining what the standard of care requires in a given situation often involves reviewing clinical guidelines established by organizations like the American College of Obstetricians and Gynecologists, which publishes protocols for managing labor complications, fetal monitoring, shoulder dystocia, and other obstetric emergencies.
The Breach Directly Caused the Injury
It is not enough to show that a mistake was made. You must also prove that the mistake directly caused your child’s injury. This element, known as causation, requires expert medical testimony linking the provider’s error to the specific harm your baby suffered. For instance, if a delay in performing a cesarean section resulted in prolonged oxygen deprivation that led to hypoxic-ischemic encephalopathy, medical experts would need to establish both the timeline and the causal connection.
Measurable Damages Resulted
Finally, there must be actual, quantifiable harm. This includes medical expenses, costs of ongoing therapy and equipment, pain and suffering, loss of quality of life, and in cases involving permanent disability, future care needs and lost earning capacity. Without demonstrable damages, there is no basis for a legal claim, even if negligence occurred.
How Medical Standards Apply to Birth Injury Cases
Healthcare providers are expected to follow evidence-based clinical guidelines that reflect the current standard of care in obstetrics and neonatal medicine. These standards are established by medical organizations, professional societies, and peer-reviewed research, and they evolve as new evidence emerges.
The American College of Obstetricians and Gynecologists provides national guidelines on topics such as induction of labor, management of labor arrest, interpretation of fetal heart rate tracings, timing of cesarean delivery, and emergency responses to complications like umbilical cord prolapse or placental abruption. Hospitals and birthing centers also maintain internal protocols based on these guidelines and tailored to their level of care.
New York hospitals are classified by the complexity of care they can provide. Basic care facilities handle routine births, while specialty and regional centers are equipped to manage high-risk pregnancies and neonatal complications. When a provider fails to recognize a situation that requires a higher level of care and does not transfer the patient appropriately, that can be considered a departure from the standard of care.
Common deviations that lead to malpractice claims include misinterpreting or ignoring fetal monitoring data, using excessive force during delivery, failing to diagnose or treat maternal infections, inadequately managing shoulder dystocia, and delaying necessary interventions during obstetric emergencies.
How Common Are Birth Injuries in New York
While many births proceed safely, preventable birth injuries still occur. According to the Centers for Disease Control and Prevention and the New York City Department of Health, New York’s infant mortality rate was reported as approximately 4.03 per 1,000 live births in recent years. Not all infant deaths or injuries are due to malpractice, but a portion result from avoidable medical errors.
Specific birth injuries such as neonatal brachial plexus palsy, which affects the nerves controlling arm movement, and hypoxic-ischemic encephalopathy, caused by oxygen deprivation, appear frequently in medical malpractice litigation. Cerebral palsy, while not always preventable, can also result from complications during labor and delivery that were mismanaged.
New York hospitals and healthcare providers are required to report medical malpractice claims to state health and insurance authorities. This data contributes to patient safety initiatives and helps identify patterns that may indicate systemic problems in care delivery.
What Compensation Can Families Recover
When medical malpractice causes a birth injury, New York law allows families to seek compensation for a wide range of losses. Unlike many other states, New York does not impose a cap on damages in medical malpractice cases, meaning juries and settlement negotiations can account for the full extent of a family’s economic and noneconomic losses.
Recoverable damages typically include:
- Past and future medical expenses, including surgeries, hospitalizations, medications, and medical equipment
- Costs of physical, occupational, and speech therapy
- Home modifications and assistive technology
- Pain and suffering experienced by the child
- Loss of enjoyment of life and reduced quality of life
- Lost future earning capacity if the injury results in permanent disability
- Parental claims for emotional distress in particularly severe cases
In tragic situations where a birth injury results in the death of the infant, New York’s wrongful death statutes allow families to pursue compensation for funeral expenses, loss of companionship, and other damages.
Verdicts and settlements in birth injury cases can be substantial, especially when the child requires lifelong care. Recent New York cases have resulted in settlements and verdicts reaching into the millions of dollars. For example, a 2025 case involving severe neurological injury resulted in a $6,000,000 settlement, while a 2024 brachial plexus injury case settled for $400,000. Each case is unique, and outcomes depend on the severity of the injury, the strength of the evidence, and the specifics of what went wrong.
How Long Do I Have to File a Birth Injury Lawsuit in New York
Timing is critical in birth injury medical malpractice cases. New York law establishes strict deadlines, known as statutes of limitations, that govern when a lawsuit must be filed. Missing these deadlines can result in losing the right to pursue a claim, regardless of the merits of your case.
Under New York Civil Practice Law and Rules Section 214-a, medical malpractice claims must generally be filed within two and a half years from the date of the alleged negligence or from the end of continuous treatment for the same condition. However, special rules apply when the injured party is a minor.
For children injured at birth, the statute of limitations is tolled, meaning the clock does not start running until the child turns 18. In practice, this gives families up to 10 years from the date of the injury to file a lawsuit, though acting sooner is often advisable. Evidence can be lost over time, memories fade, and witnesses may become unavailable.
If you suspect your child’s birth injury was caused by medical negligence, it is important to consult with a qualified attorney as soon as possible. Even if the statute of limitations has not expired, building a strong case takes time, and early investigation can make a significant difference in the outcome.
Special Requirements for Filing a Birth Injury Claim in New York
New York imposes additional procedural requirements that do not exist in all states. One of the most important is the Certificate of Merit, mandated by New York Civil Practice Law and Rules Section 3012-a.
Before filing a medical malpractice lawsuit, your attorney must obtain a certificate from a qualified medical expert stating that the claim has been reviewed and that there is a reasonable basis to believe malpractice occurred. This requirement is designed to prevent frivolous lawsuits and ensure that only cases with legitimate merit proceed through the court system.
The expert who provides this certification must be a licensed physician with knowledge and experience in the relevant area of medicine. In birth injury cases, this typically means an obstetrician, maternal-fetal medicine specialist, neonatologist, or pediatric neurologist, depending on the nature of the injury.
This requirement underscores the complexity of birth injury cases and the importance of working with an attorney who has access to credible medical experts and a deep understanding of both the medical and legal issues involved.
What Happens During a Birth Injury Malpractice Case
Understanding the general process can help families prepare for what lies ahead. While every case is different, most birth injury malpractice claims follow a similar path.
Initial Consultation and Case Evaluation
The process begins with a consultation with an experienced birth injury attorney. During this meeting, you will discuss what happened during your pregnancy, labor, and delivery, and the attorney will review medical records and other evidence to determine whether there is a viable claim.
Investigation and Expert Review
If the attorney believes your case has merit, the next step is a thorough investigation. This includes obtaining complete medical records, consulting with medical experts, and identifying which providers or institutions may be liable. Experts will review the care provided, compare it to accepted standards, and determine whether negligence caused your child’s injury.
Filing the Lawsuit
Once the Certificate of Merit is obtained, the lawsuit is filed. The defendants, which may include individual doctors, nurses, hospitals, or medical groups, are formally notified and given an opportunity to respond.
Discovery
During the discovery phase, both sides exchange information, take depositions of witnesses and experts, and gather additional evidence. This phase can last many months and is critical to building a strong case.
Settlement Negotiations or Trial
Many birth injury cases are resolved through settlement negotiations before reaching trial. If a fair settlement cannot be reached, the case proceeds to trial, where a jury will hear the evidence and decide whether malpractice occurred and what damages should be awarded.
Throughout this process, your attorney will guide you, advocate for your family, and work to secure the compensation and accountability you deserve.
How Birth Injuries Are Prevented and Reviewed
Preventability is a key focus in obstetric care and patient safety. Hospitals and medical providers are expected to implement systems that reduce the risk of birth injuries, including protocols for emergency response, team training in obstetric emergencies, and regular review of adverse outcomes.
Morbidity and mortality conferences, where medical teams review cases involving complications or injuries, are standard practice in hospitals. These reviews help identify system failures, communication breakdowns, and opportunities for improvement.
The New York Department of Health oversees patient safety programs and investigates complaints against healthcare providers. Medical boards also have the authority to discipline providers whose conduct falls below acceptable standards.
National organizations like the American College of Obstetricians and Gynecologists and the Centers for Disease Control and Prevention continually update clinical guidelines based on emerging research and data. These guidelines address topics such as managing preterm labor, reducing cesarean delivery rates, preventing infection, and improving neonatal resuscitation practices.
Recent Legal and Legislative Developments in New York
The legal landscape surrounding medical malpractice is not static. Recent legislative efforts in New York have focused on issues such as extending medical malpractice insurance provisions and clarifying how the statute of limitations applies to injuries suffered by children.
Courts have also recognized that in particularly egregious cases, parents may have claims for their own emotional distress, separate from the physical injuries suffered by their child. While these claims remain secondary to the child’s injury claims under New York law, they reflect a growing acknowledgment of the profound emotional toll birth injuries take on families.
Staying informed about legal changes is important, and working with an attorney who is up to date on the latest developments ensures that your case is handled correctly and that you benefit from any favorable legal trends.
Finding Support and Taking the Next Step
If your child suffered a birth injury and you believe medical negligence may have played a role, you are not alone. Many families face similar challenges, and resources are available to help you understand your rights and options.
At nybirthinjury.com, we provide trusted information to help families navigate the medical, emotional, and legal aspects of birth injuries. Our goal is to connect you with qualified professionals who can offer guidance, answer your questions, and support you through this difficult time.
Taking the first step can feel overwhelming, but seeking information and professional advice is an important part of advocating for your child’s future. Whether you are still gathering information or ready to speak with an attorney, reaching out is a sign of strength and a commitment to your family’s well-being.
You deserve clear answers, compassionate support, and the opportunity to hold those responsible accountable. Understanding your legal rights is the first step toward securing the resources your child needs to thrive.