Birth Injuries
A birth injury changes a family’s future in an instant. Securing that future is the purpose of these cases.
Injuries at birth — cerebral palsy, Erb’s palsy, hypoxic brain injury — often trace back to decisions made in minutes: a delayed C-section, misread fetal monitoring, mismanaged labor. Proving it requires deep medical investigation and experts who can explain complex obstetrics to a jury.
These cases are about a lifetime of care. We work with life-care planners and economists to quantify what a child will need for decades to come, and we fight to secure it.
What We Handle
- Cerebral palsy and hypoxic-ischemic injury
- Erb’s palsy and shoulder dystocia
- Delayed cesarean section
- Fetal monitoring errors
- Maternal injuries during delivery
Deadlines for children and for mothers
A child’s own claim for a birth injury is subject to New York’s infancy extension, but in medical malpractice cases that extension is limited to ten years (CPLR 208). A mother’s claim for her own injuries follows the ordinary malpractice deadline of two and a half years (CPLR 214-a). If the delivery took place at a public hospital, including a NYC Health + Hospitals facility, a notice of claim is generally required within 90 days.
Even when time remains, earlier is better: records are easier to obtain, witnesses remember more, and planning for the child’s care can begin sooner.
How these cases are proved
Birth injury cases turn on the medical record of labor and delivery: fetal heart monitoring strips, nursing notes, the timing of decisions, and the newborn’s condition and blood gases at birth. We have those records reviewed by physicians in obstetrics, neonatology, pediatric neurology, and related fields to determine whether the injury was preventable and what caused it.
Planning for a lifetime
A serious birth injury can require care for decades. We work with life-care planners and economists to identify what the child will need — medical care, therapies, equipment, home modifications, and support — and what it will cost.
In qualifying cases involving birth-related neurological injuries, New York’s Medical Indemnity Fund pays for a child’s future medical care. Understanding how the Fund interacts with a settlement or verdict is part of protecting the child’s future.
Common Questions
My child is already several years old. Is it too late?
Not necessarily. The infancy extension may still apply, though in malpractice cases it is limited to ten years. Call to discuss the dates.
How do I know whether the injury was preventable?
Parents usually can’t tell from what they were told at the hospital. We obtain the records and have them reviewed by physicians before giving you an honest assessment.
Will we have to tell our story many times?
You work directly with the attorney handling the case. We gather the records ourselves and ask for your time only when we need it.
This page is general information about New York law, not legal advice about your situation. Deadlines and rules can change and depend on the facts; call the office to discuss your matter.
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