New York Cerebral Palsy Lawyer
If your child was diagnosed with cerebral palsy due to a health care professional’s negligence before, during, or after childbirth in New York, you may be eligible to file a medical malpractice lawsuit for damages.
- Last Updated Date: March 19, 2026
Cerebral palsy is a group of neurological disorders that can permanently affect bodily movement and muscle coordination. It’s one of the most common motor disabilities to appear in childhood, and most cases result from prenatal or birth conditions. While not all cases of cerebral palsy result from medical negligence, many result from errors or omissions by medical professionals.
If your child has been diagnosed with cerebral palsy after experiencing a negligent birth injury or preventable complications in New York, you may have grounds to file a lawsuit for financial compensation. At Birth Injury Center, we have experience handling cerebral palsy lawsuits and can connect you with experienced New York birth injury lawyers for legal assistance.
At Birth Injury Center, we partner with lawyers who know what it takes to win birth injury cases, and get you the justice you deserve.
Mathew Shooshtary
Associate Attorney at The Sanders Law Firm
Jay Kenneth Margolis
Senior Partner at The Sanders Law Firm
Contact a lawyer for a free case evaluation today!
How a New York Cerebral Palsy Lawyer Builds Your Case
When you work with a New York cerebral palsy attorney, they will handle the bulk of the legal proceedings for your case so your family can focus on healing. An experienced medical malpractice lawyer can assist with the following:
- Investigation and evidence gathering
- Reviewing medical records
- Consulting medical experts and acquiring a Certificate of Merit
- Establishing causation
- Calculating current and future damages
- Filing claims and negotiating settlements
- Litigating cases and taking them to trial if necessary
How Common Is Cerebral Palsy in New York?
Cerebral palsy is the most common motor disability in childhood, both in New York State and across the country. According to recent data from the Centers for Disease Control and Prevention and the New York State Department of Health, cerebral palsy affects about one to four children per 1,000 live births. Nationwide, about one in 345 children is diagnosed with the condition, with New York’s rates closely reflecting these national figures.
Although New York does not provide separate prevalence figures from national estimates, state health and education data confirm that thousands of children in New York live with cerebral palsy. Each year, more than 3,000 school-aged children in the state are classified as having orthopedic impairments, including cerebral palsy, as part of the special education system.
Nationwide, at least 500,000 children and young adults are living with cerebral palsy, with a significant number residing in New York.
When is Cerebral Palsy Diagnosed in New York?
Cerebral palsy is usually identified by age 3 through developmental screenings, pediatrician visits, or early intervention programs. New York State’s early intervention program helps tens of thousands of infants and toddlers each year, including many diagnosed with cerebral palsy. It provides free developmental evaluations and therapy services, often being the first place families turn to for concerns about movement, muscle tone, or developmental delays.
For preschool-aged children, the state offers specialized programs under Section 4410 of New York’s Education Law to support children with disabilities as they prepare for school.
When is a Doctor or Hospital Liable for Cerebral Palsy in New York?
A doctor, hospital, or other health care practitioner may be liable for your child’s cerebral palsy diagnosis if you can prove that their negligence caused your child’s injury. Under New York law, medical malpractice occurs when a health care professional breaches the accepted standard of care for a patient, causing injury. You must prove that the professional breached the standard of care, the breach caused the cerebral palsy, and the cerebral palsy diagnosis caused you and your child damages.
A hospital or health care company may be liable in addition to individual providers under certain circumstances; for example, if they hired a doctor who had faced previous disciplinary action for negligence or if they failed to provide adequate prenatal care.
Common Causes of Cerebral Palsy Linked to Medical Negligence
According to estimates from the Centers for Disease Control, cerebral palsy related to events before or during birth is called congenital cerebral palsy and makes up 85% to 90% of cases. Cerebral palsy can also occur within the first few years of a child’s life–this is known as acquired cerebral palsy.
Cerebral palsy develops from circumstances during pregnancy, delivery, labor, and shortly after birth. The condition is often preventable with the correct care. Common causes of cerebral palsy include the following:
- Lack of oxygen to the brain, known as birth asphyxia
- Failure to monitor fetal distress
- Delayed C-section
- Improper use of forceps or vacuum extractors
- Failure to treat maternal infections
- Medication errors during labor
- Medical negligence after delivery
What is New York’s Statute of Limitations for Cerebral Palsy Claims?
In New York, medical malpractice lawsuits typically must be filed within two and a half years of the incident giving rise to the action. However, for cases involving minors, families generally have until the child’s 10th birthday to file.
Even though you may have years to file your cerebral palsy lawsuit, early legal action is crucial to ensure you don’t miss deadlines and lose your right to recover compensation.
What Compensation is Available in New York Cerebral Palsy Lawsuit Cases?
New York does not have a cap on damages in medical malpractice lawsuits, including those involving birth injuries like cerebral palsy. The value of a birth injury case in New York depends heavily on proving the full extent of the damages and the negligence involved.
When calculating a reasonable birth injury settlement amount, your attorney will consider economic and non-economic damages. Economic damages cover the quantifiable financial losses resulting from injuries, while non-economic damages compensate victims for harder-to-measure losses, such as pain and suffering. Some of the damages you may be able to receive compensation for include:
- Past, present, and future medical expenses
- Lost wages for parents or guardians
- Lost earning potential
- Pain and suffering, emotional distress, and loss of enjoyment of life
- Lifetime care costs
Frequently Asked Questions About Cerebral Palsy Cases in New York
Settlement amounts are largely based on the harm suffered and can vary widely. Although no amount is guaranteed, some New York cerebral palsy settlements have reached into the millions.
A New York cerebral palsy lawsuit can take months to years to resolve, depending on the available evidence, whether it settles or goes to trial, and additional factors. Unfortunately, there is no set time frame for a medical malpractice case.
When you work with a reputable New York cerebral palsy attorney, you will not have to pay any upfront legal fees. These attorneys work on a contingency basis, meaning you won’t pay anything unless they successfully resolve your case.
Speak With a New York Cerebral Palsy Lawyer Today
Cerebral palsy can be a life-changing injury for children. If a medical professional’s negligence has caused the injury, they should be held accountable.
At Birth Injury Center, we partner with The Sanders Law Firm to connect families who have experienced birth injuries with skilled legal representation in New York. Our legal partners have years of experience handling complex cerebral palsy cases and securing compensation for victims and their families.
Contact Birth Injury Center today to schedule a free consultation.
- Last Updated Date: March 19, 2026
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