Can I Sue a Public Hospital for a Birth Injury in NYC
Yes, a child’s parent or guardian can sue a public hospital for a birth injury in New York City. However, there are some differences in the legal process for filing a medical malpractice claim against a government-run facility instead of a private one.
- Last Updated Date: April 1, 2026
Navigate This Page
- Understanding Medical Malpractice Claims Against Public Hospitals
- The Legal Process of Suing a Public Hospital for a Birth Injury
- How Much Can You Expect to Receive in a Birth Injury Lawsuit Settlement?
- FAQs About Suing Public Hospitals for Birth Injuries in NYC
- Taking Action After a Birth Injury in a Public Hospital
Understanding Medical Malpractice Claims Against Public Hospitals
Governmental entities in New York generally benefit from sovereign immunity, a legal doctrine that shields government agencies from civil lawsuits. However, state law has waived immunity for certain situations. Those exceptions include medical malpractice suits against public-run hospitals, though claimants must meet some procedural requirements to be eligible.
Generally, under New York’s statute of limitations, a birth injury lawsuit must be filed before the child’s 10th birthday. However, to sue a public hospital for a birth injury in New York, you must submit a Notice of Claim form within 90 days of the injury. This requirement sets a much tighter deadline for action. While the law permits courts to grant applications for leave to serve a late notice, such leave is not guaranteed. Therefore, prompt action is critical.
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
The Legal Process of Suing a Public Hospital for a Birth Injury
Step 1: Consulting a Birth Injury Lawyer
Dealing with a birth injury is a stressful, devastating experience for your family. Representation by a trusted legal professional can help you focus on healing and taking care of your child instead of shouldering the burden of navigating the complicated legal process.
An experienced lawyer can analyze your circumstances to determine whether you have a valid claim, advise you of your legal options, and help you plan your next steps.
Step 2: Filing a Notice of Claim Against the Hospital
Your attorney will help you file a Notice of Claim form, officially informing the public hospital that you intend to pursue a birth injury lawsuit against it. Missing the 90-day deadline could result in you losing your right to sue, making it critical to provide timely notice.
Step 3: Investigation and Gathering Evidence
Your legal team will collect your child’s care records and obtain testimony from medical experts to build a strong case. A thorough investigation is essential for proving the health care provider’s negligence, the key element of a successful birth injury claim.
Step 4: Filing Suit
Sometimes, a settlement can be negotiated before litigation, avoiding the need to file a lawsuit. However, if litigation is necessary, your attorney will draft a complaint, file it, and serve the defendants with legal process to commence a lawsuit.
Step 5: The Legal Discovery Process
After your attorney files your birth injury lawsuit, both sides will begin exchanging evidence in preparation for trial. Your lawyer will conduct depositions with key witnesses and gather relevant information to strengthen your case.
Step 6: Settlement Negotiations or Trial
Throughout the legal process, your lawyer will engage in settlement negotiations with the other party. If both sides agree to a fair deal, your case can be resolved when the settlement is finalized. If parties cannot reach an agreement, your case will proceed to trial, and your lawyer will fight in court to get you the compensation you deserve.
How Much Can You Expect to Receive in a Birth Injury Lawsuit Settlement?
A fair and full birth injury settlement will compensate for both the financial and non-economic impacts of your child’s birth injury, such as the following:
- Medical bills
- Long-term care and assistance costs
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
Factors Affecting Birth Injury Lawsuit Settlements
The total value of damages in a birth injury case can vary greatly depending on the specific circumstances of the case. Factors that can influence the value of your settlement include the following:
- Severity of the injury: A birth injury that causes a permanent disability will require extensive medical care and significantly impact the child’s quality of life, leading to much greater damages.
- Strength of evidence: If you have clear proof that the health care provider’s negligence resulted in your child’s birth injury, you’ll have a better chance of convincing the other party to quickly agree to a significant settlement.
- Legal representation: The right lawyer won’t just accept the insurance company’s first offer and move on. An experienced attorney can leverage their legal knowledge to build you a strong case and fight to secure you the maximum possible compensation.
FAQs About Suing Public Hospitals for Birth Injuries in NYC
If you have any questions about your birth injury case that aren’t answered by this page, reach out to us today.
Depending on the complexity of your case, the process of suing a public hospital for a birth injury in New York City could take anywhere from a few months to more than a year. An experienced birth injury attorney can help estimate the timeline of your case through a free consultation.
If your child was diagnosed with a condition related to a birth injury some time after it occurred, you may still have until your child’s 10th birthday to file a lawsuit. However, if your child was treated at a public hospital, you may have to take action more quickly after the diagnosis. Your attorney can review the circumstances and determine the deadline that applies.
Most New York birth injury lawyers will work on a contingency fee basis. Under this arrangement, they do not charge any upfront fees, ensuring you can access their services without financial concerns. Instead, they will keep a pre-agreed percentage of your settlement or judgment. If you do not recover compensation, you will owe them nothing.
Taking Action After a Birth Injury in a Public Hospital
If your child suffered a birth injury at a public hospital, experienced legal help is available. Birth Injury Center has partnered with The Sanders Law Firm to assist New York families with their claims.
Contact us today to schedule a free consultation with a trusted attorney.
- Last Updated Date: April 1, 2026
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