New York Birth Injury Lawsuit
If your child has sustained a preventable birth injury in New York, you may be entitled to seek justice and financial compensation through a birth injury lawsuit. An experienced birth injury attorney can provide the legal aid your family needs to hold the responsible parties accountable.
Common Birth Injuries That Lead to Lawsuits
A birth injury is any physical injury to a baby that occurs before, during, or after childbirth. While many of these injuries are unavoidable and not caused by negligence, certain birth injuries are preventable and result from negligent medical care.
Common types of birth injuries in New York include the following:
- Cerebral palsy
- Brachial plexus injuries, or Erb’s palsy
- Hypoxic-ischemic encephalopathy, or HIE
- Skull fractures, brain bleeds, nerve damage
Understanding Birth Injury Lawsuits in New York
New York law protects newborn infants and their parents from the financial impacts and other consequences of injuries that occur during pregnancy, labor, and delivery due to medical negligence.
If an infant is injured during childbirth due to a medical provider’s negligence, the child’s family may be able to file a birth injury lawsuit to seek monetary compensation for the child’s care. A birth injury lawsuit is a type of medical malpractice lawsuit that can be filed on behalf of the injured child by the child’s family or legal guardians.
Who Can File a Birth Injury Lawsuit in NY?
Parents or legal guardians of injured babies can file birth injury lawsuits in New York, and in some cases, extended family members may be able to file if the parents are unable to do so. These claims are filed on behalf of the minor child.
If a birth injury has resulted in the death of a child, the family may be able to file a wrongful death claim if a medical provider’s negligence caused the death.
New York Birth Injury Lawsuit Statute of Limitations
Typically, the statute of limitations for filing a birth injury lawsuit in New York is two years and six months from the date of the alleged medical malpractice or the discovery of the resulting injury. Claims involving wrongful deaths or public hospitals typically have a much shorter deadline.
New York also has a law that pauses the statute of limitations for minors until they reach age 18, meaning they generally have 2.5 years from their 18th birthday to file a malpractice lawsuit. However, there is a hard cap of 10 years from the date of the medical negligence. Thus, claims for birth injuries generally must be filed by the child’s 10th birthday.
What Must Be Proven in a Birth Injury Lawsuit?
To prove your case in a birth injury lawsuit, you must establish the following four elements of negligence:
- Duty of care: First, you must prove that a doctor-patient relationship existed, thereby establishing a legal duty of care.
- Breach of duty: Next, you must demonstrate that the health care provider breached that duty by failing to adhere to the accepted professional standard of care.
- Causation: You must then demonstrate that the negligence caused your child to suffer an injury or worsened a medical condition.
- Damages: Finally, you must show that the injury caused compensable damages, whether financial, physical, or emotional.
In New York, you must file a Certificate of Merit with your birth injury lawsuit. This document establishes the merit of your medical malpractice claim by stating that a physician has reviewed the facts of your case and agrees you have a reasonable basis for the lawsuit.
Contact a lawyer for a free case evaluation today!
Birth Injury Lawsuit Process in New York
The process of pursuing a birth injury lawsuit in New York involves the following steps:
- Case review and medical record collection
- Review by medical experts
- Filing the lawsuit
- Discovery and depositions
- Settlement negotiations
- Trial, if necessary
Birth Injury Lawsuit Timeline in New York
Filing the Case
The timeline depends on the statute of limitations and whether the hospital is public or private. It also depends on when your child’s injury was discovered.
Discovery and Settlement Negotiations
Discovery often takes the most time, as medical records must be obtained and witnesses and experts must be deposed. Settlement negotiations occur after discovery. This process can take months to years.
Trial and Final Resolution
If a case proceeds to trial, it will typically take months to be scheduled on the court docket and up to a few weeks to go through the trial and reach a verdict.
Compensation Available in New York Birth Injury Lawsuits
In a birth injury claim, you can usually seek compensation for two types of damages: economic and non-economic. Economic damages cover the quantifiable monetary losses caused by the injury, while non-economic damages compensate you for more subjective losses, such as emotional and physical suffering.
Economic damages may include compensation for past and future medical care, therapy, rehabilitation, assistive devices, home modifications, and more costs made necessary by your child’s medical condition. They can also include the financial impacts on the child’s life, such as lost educational opportunities and earning capacity.
Non-economic damages can include compensation for pain, suffering, emotional distress, loss of enjoyment of life, and more. If the birth injury resulted in a wrongful death, additional damages for funeral expenses and loss of emotional support may be available.
How Much Is a New York Birth Injury Lawsuit Worth?
Several factors can influence the value of your birth injury lawsuit in New York, including the severity and permanence of your child’s injury. The estimated lifetime costs of their care will also play a role in the value of the suit, as will the strength of medical evidence. Though no result is guaranteed in a birth injury lawsuit, some suits settle or result in verdicts of millions of dollars.
Choosing the Right Birth Injury Lawyer in New York
When selecting an attorney for your birth injury case in New York, it’s crucial to look for experience in birth injury cases, a track record of success, and a personalized approach to each case.
At Birth Injury Center, we partner with The Sanders Law Firm to help families prosecute serious cases of birth injury malpractice in New York. If your child suffered a birth injury, our legal partners can help you understand your legal rights and, if appropriate, file a lawsuit to recover compensation.
Attorney Fees and Costs in NY Birth Injury Cases
There are no set costs to hire a New York City birth injury lawyer, as fees depend on several factors, including the case’s complexity and whether it settles or goes to trial.
The birth injury attorneys at The Sanders Law Firm work on a contingency fee basis, meaning you will not have to pay any upfront costs. Instead, your legal team will receive a portion of the compensation you recover if they successfully resolve your case.
Frequently Asked Questions
In New York, families typically have 2.5 years from the date of the alleged medical malpractice to file a lawsuit.
Yes, you can sue a public hospital in New York for negligence or malpractice, but you must first file a strict “notice of claim” within 90 days of the incident.
The statute of limitations begins from the date of the injury, the date the harm was discovered, or the date it would have been discovered with reasonable efforts.
Most cases are resolved through settlements with the hospital or medical practice involved, but some birth injury lawsuits may proceed to a jury trial.
If your birth injury lawsuit goes to settlement, the process often takes six months to a year. If it goes to court, it can take a year or more.
Speak With a New York Birth Injury Lawyer
Filing a birth injury lawsuit can be a long, complicated process, but working with a professional birth injury lawyer can simplify the legal process and take much of the burden off your family. At Birth Injury Center, our experienced team is here to help you navigate the legal process and seek justice for you and your child.
Contact us today to set up a free consultation and confidential case review with a New York birth injury lawyer at The Sanders Law Firm who can help you pursue compensation for your child’s injuries.
- Last Updated Date: January 30, 2026
Trial and Final Resolution
If a case proceeds to trial, it will typically take months to be scheduled on the court docket and up to a few weeks to go through the trial and reach a verdict.