By Douglas Hoffer, Partner. Reviewed by Daniel P. Smith, Esq. Last updated:
Navigating a birth injury in NYC requires informed legal action and understanding of your rights under New York Law. This guide empowers new parents with the insights they need to secure their child’s future following a birth injury.
Learn to identify medical negligence, understand statutory requirements, and take decisive action within applicable legal deadlines. Our attorneys have decades of combined experience advocating for injured New Yorkers and understand New York’s medical malpractice statutes.
Read time: 12-minute read.
What are Birth Injuries and What Causes Them?
Birth injuries represent preventable physical harm to newborns during labor or delivery. These injuries are distinct from congenital disabilities because birth injuries are preventable and caused by medical negligence.
Common causes include improper use of forceps or vacuum extractors, failure to monitor fetal distress, oxygen deprivation (hypoxia/anoxia), mismanaged shoulder dystocia, and delayed cesarean sections. These incidents often result in conditions such as cerebral palsy, Erb’s palsy (brachial plexus injury), brain damage, or fractures.
Why Legal Options Matter for New Parents in NYC in 2025
Legal action secures compensation for medical expenses, ongoing therapy, adaptive equipment, lost earning capacity, and pain and suffering.
New York’s no-fault insurance system under Insurance Law § 5102 provides some coverage, but birth injury cases typically require the pursuit of additional remedies through medical malpractice claims to address long-term needs fully.
Some birth injury cases result in multi-million-dollar settlements to cover lifelong care. Our firm has secured results like this by proving clear negligence, supported by expert testimony and extensive documentation.
How to Pursue a Birth Injury Claim: A 5-Step Guide
Step 1: Secure Your Child’s Medical Records & Expert Review
Under New York Public Health Law § 18, parents have absolute rights to their child’s medical records. Immediately request complete prenatal, labor, delivery, and postnatal records from all healthcare providers.
These documents form the evidentiary foundation of your claim. A specialized birth injury attorney will arrange an independent medical expert review to identify deviations from accepted standards of care.
An analysis of these documents will help your lawyer determine if a medical professional deviated from an acceptable standard of care. If they have, they can be held liable for their negligence.
Tool: Medical Record Request Template (compliant with HIPAA and NYS health privacy laws)
Pro Tip: Request records from all providers, including consulting physicians, nursing staff, and laboratory services.
Step 2: Understand New York’s Statute of Limitations
New York CPLR § 214-a establishes strict deadlines for medical malpractice claims. Birth injury lawsuits generally must be commenced within a limited time frame from the alleged malpractice or the end of continuous treatment for the same condition.
For minors, CPLR § 208 tolls the statute of limitations until the child turns 18. Once the toll ends, the child typically has up to three years to bring the claim, depending on the underlying statute of limitations. However, in medical malpractice cases, the law caps the toll at 10 years from the date of the injury.
Pro Tip: New York’s “continuous treatment” rule may extend deadlines if your child receives ongoing care from the same provider, but documentation is essential.
Step 3: Proving Medical Negligence and Causation
To prove a birth injury or medical malpractice claim in New York, plaintiffs must establish the following legal elements:
- Duty of care: A legal obligation arising from the provider–patient relationship.
- Breach of duty: A failure to meet the accepted standard of medical care.
- Causation: Proof that the breach was a substantial factor in causing the injury.
- Damages: Evidence of harm, such as physical injury, disability, medical expenses, or lost earning capacity.
These cases typically require expert medical testimony to define the standard of care and explain how the provider’s conduct caused the injury. Testifying experts often include obstetricians, neurologists, and other specialists.
Pro Tip: Maintain detailed daily logs of your child’s symptoms, developmental progress, and care needs to strengthen causation arguments.
Step 4: Calculating Damages for Lifelong Care
Putting a dollar amount on what your family has endured can feel overwhelming. Damages cover much more than just current medical bills. Families may face decades of care, education, and lifestyle adjustment costs. These costs add up quickly in New York City, where long-term support is exceptionally costly.
Here are key factors that influence your potential compensation:
- Past and future medical expenses (e.g., hospital stays, surgeries, therapy)
- Lifelong care needs (e.g., home health aides, specialized equipment)
- Lost future earnings (if the child will be unable to work as an adult)
- Special education or private schooling
- Home modifications or relocation needs
- Pain and suffering for both the child and family
- Loss of enjoyment of life
Documenting these costs early allows your legal team to build a strong and realistic demand for full compensation.
Step 5: Litigation, Settlement, and Trial Readiness
Most birth injury cases settle before trial—but only after defendants see the strength of the claim. New York’s pre-trial discovery rules (CPLR Article 31) enable extensive investigation, including depositions of all involved medical personnel.
Settlement discussions usually begin after discovery. If no fair resolution is reached, medical malpractice trials in New York are presented to a jury of six members, as outlined in CPLR § 4104.
Pro Tip: Insurance carriers often reserve their best offers until just before trial. Don’t accept lowball settlements too early.
Real Case Impact: $50 Million Settlement for Anesthesia Malpractice
Our firm secured a $50 million settlement for a four-year-old boy who suffered catastrophic brain damage after an uncertified nurse administered a fatal overdose of anesthesia during a routine eyelid procedure.
The hospital had outsourced its anesthesia services to a third-party company that prioritised profits over patient safety by employing underqualified staff. The nurse anesthetist administered an overdose of halothane, causing cardiac arrest. The team’s failure to respond promptly left the child without oxygen for fifteen minutes.
The resulting brain damage was permanent, leading to severe cognitive impairment. Our client had to relearn basic functions like walking and talking.
Although the defendants denied liability and blamed a pre-existing condition, we presented five weeks of evidence at trial. Moments before jury deliberations, the defence agreed to settle for $50 million. This settlement ensures the child has the resources for lifelong care, loss of future earnings, and ongoing pain and suffering.
3 Common Mistakes New Parents Make After a Birth Injury
Mistake 1: Delaying Legal Advice
Every claim has a deadline. Early legal guidance helps preserve your rights and gather critical evidence before it’s lost or altered.
Mistake 2: Trusting Hospitals to Fully Disclose
Hospitals are only legally required to release minimal information. Always request your child’s full labor and delivery records and seek an independent expert review.
Mistake 3: Underestimating Lifetime Costs
The financial toll of a birth injury can span decades. Rushing into a low settlement without projecting long-term costs may leave your family under-supported in the future.
Attorney Perspective – Protecting Your Child’s Future
“The emotional toll of a birth injury is immense, but equally critical is comprehensive financial planning for your child’s future,” says an experienced personal injury attorney. “Especially as families navigate increased care needs during summer months or school transitions, adopting a proactive legal stance is paramount. Leading firms prioritise early case evaluation and comprehensive life care planning, ensuring families don’t face these burdens alone.”
Timely legal action, combined with expert medical and economic testimony, has helped families recover substantial funds to support lifelong care.
Frequently Asked Questions
- What legally constitutes a birth injury under New York law?
A birth injury is physical harm during labour or delivery due to negligence — including conditions like cerebral palsy or Erb’s palsy. - How long do I have to file a birth injury lawsuit in New York?
Most claims must be filed within a specific period per CPLR § 214-a, but the timeline may be tolled for minors under CPLR § 208. Prompt legal advice is crucial. - What compensation can I recover?
Recoverable damages may include medical bills, long-term care, lost earning capacity, pain and suffering, and emotional distress. - Can I sue if my doctor missed a pregnancy complication?
Yes, if the oversight constitutes medical malpractice and caused preventable harm to your child. - How do experienced birth injury attorneys help?
They provide expert medical reviews, legal strategy, and compassionate support—building strong cases for maximum compensation. - Are there damage caps for birth injury cases in New York?
No. Unlike other states, New York does not cap medical malpractice damages. - What if the birth injury happened at a public hospital?
Claims against public hospitals require compliance with New York General Municipal Law § 50-e, including strict notice timelines.
Conclusion
Facing a birth injury is overwhelming—but knowing your legal rights under New York law can help protect your child’s future. You don’t have to navigate this journey alone. The right legal team can provide not just advocacy, but reassurance and clarity during one of life’s most difficult challenges.
Contact our birth injury attorneys today for a free, confidential consultation.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified New York birth injury attorney for guidance specific to your case.
Key Legal Citations
- New York CPLR § 214-a – Statute of limitations for medical malpractice claims
- New York CPLR § 208 – Tolling of limitations period due to infancy
- New York Public Health Law § 18 – Patient access to medical records
- New York Insurance Law § 5102 – Definitions under New York’s no-fault insurance system
- New York General Municipal Law § 50-e – Notice of claim requirements for lawsuits against public hospitals
- CPLR Article 31 – Civil discovery procedures
- CPLR § 4104 – Jury composition rules in civil malpractice trials
External Resources
- New York State Department of Health – Access healthcare facility data, regulatory guidance, and patient rights
- New York State Unified Court System – Case lookup tools, court forms, and procedures
- American College of Obstetricians and Gynecologists – Clinical guidelines and standards for obstetric care
- Brain Injury Association of New York State – Advocacy, support services, and family education for brain injuries
