New York Birth Injury Statute of Limitations
A statute of limitations is a legal deadline for filing a lawsuit over a particular grievance. In personal injury cases, such as birth injury lawsuits, the statute of limitations runs for a certain amount of time after the accident that harmed the victim.
- Last Updated Date: May 27, 2026
If you fail to file a claim by the deadline set by the statute of limitations, you could lose your right to pursue a birth injury lawsuit and pursue the compensation your child deserves. If your child has suffered a birth injury, it’s vital to consult with an experienced lawyer as soon as possible and explore your legal options
Navigate This Page
- What Is the Statute of Limitations on Birth Injury in New York?
- The 90-Day Notice of Claim for Public Hospitals in New York
- Wrongful Death Statute of Limitations in New York
- The New York Medical Indemnity Fund
- Protecting Your Child’s Legal Rights
- FAQs About New York’s Birth Injury Deadlines
- Speak with a New York Birth Injury Lawyer
What Is the Statute of Limitations on Birth Injury in New York?
The New York statute of limitations for medical malpractice claims is generally 2.5 years, or 30 months, after the date of the healthcare provider’s negligent actions. However, because birth injuries affect children, the statute of limitations is “tolled” or paused since children lack the legal capacity to sue. But unlike other personal injury claims in which the clock is paused until the child reaches age 18, New York’s Civil Practice Law and Rules § 208 sets a strict 10-year overall limit for medical malpractice claims on behalf of children.
Therefore, you can file a birth injury claim on behalf of your child at any point until their 10th birthday. After that time passes, you will likely lose your right to pursue a claim for that injury.
Through our collaboration with The Sanders Law Firm, the trusted Birth Injury Center team can help you and your family determine the deadline for your claim based on the specific circumstances of your child’s injury.
The 90-Day Notice of Claim for Public Hospitals in New York
If your child’s birth injury happened in a public hospital, such as an NYC Health + Hospitals facility, your case will have a shortened deadline. You must send a Notice of Claim form to the municipality within 90 days of the injury to maintain your right to sue the hospital. You also must file your claim within a year and 90 days of the injury.
Failing to file the required notice on time could lead to the automatic dismissal of your case, preventing you from recovering compensation for your family.
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
Wrongful Death Statute of Limitations in New York
New York’s statute of limitations typically gives family members two years from the victim’s death to file a wrongful death lawsuit. However, if your child has died from a birth injury, the estate may have up to two years and six months to file a claim under the medical malpractice statute of limitations.
A birth injury lawyer can review the circumstances of your case and determine the deadline that applies to your case.
The New York Medical Indemnity Fund
New York maintains a special Medical Indemnity Fund, or MIF, to help cover the long-term treatment costs of birth injury victims in the state who have developed permanent disabilities. Once enrolled, the MIF will pay for all qualifying healthcare costs above what the victim’s health insurance covers.
A victim of a brain or spinal cord injury sustained during birth because of medical malpractice can apply for enrollment in the fund if they have a court-approved settlement or judgment. As you need a successful legal claim to enroll in the MIF, pursuing your case within the statute of limitations is key to securing benefits.
Protecting Your Child's Legal Rights
If you have learned that your child has suffered a birth injury, taking immediate action can protect your family’s rights and legal claims. Steps to take as soon as possible include the following:
- Request your child’s medical records: Immediately secure and preserve all of your newborn’s prenatal and delivery records, as well as any other relevant medical evidence that can help support your claim.
- Determine the type of hospital you’re at: Verify whether your child was treated at a private or public hospital. If your claim involves a public hospital, you will need to send a “Notice of Claim” form within 90 days of the injury to preserve your ability to file a lawsuit.
- Consult with a specialist as soon as you can: Getting your child evaluated can help you assess how the injury will impact them and begin treatment early, improving their future outlook. Your visit will also create additional medical evidence and allow the specialist to witness your child’s condition.
FAQs About New York’s Birth Injury Deadlines
No, it is not too late to sue if your child is now five years old. You generally have up to 10 years to file a birth injury lawsuit in New York, because the typical medical malpractice statute of limitations is tolled while the victim is a minor.
If you’ve learned that your child’s cerebral palsy or other health condition resulted from medical malpractice, you should consult with a birth injury lawyer and consider pursuing a claim as soon as possible. The longer you wait, the harder it will be to build a strong case and file within the statute of limitations.
The 10-year limitation period for medical malpractice claims on behalf of children is strict and cannot be extended. Don’t wait to take action; waiting longer can weaken your case and cause you to lose your right to sue.
Speak with a New York Birth Injury Lawyer
Whether you have 90 days or 10 years to take action, every day matters when pursuing a birth injury lawsuit in New York. At Birth Injury Center, our goal is to help you navigate the complicated process of identifying and coping with your child’s injury while fighting to get the justice your family deserves.
Don’t let the clock run out on your child’s future. Contact Birth Injury Center today for a free, time-sensitive case evaluation.
- Last Updated Date: May 27, 2026
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