New York Birth Injury Lawyer
Birth Injury Center supports families impacted by birth injuries. Our skilled New York birth injury lawyers help families seek justice and compensation for their child’s injuries due to medical negligence. Contact us for compassionate legal assistance in New York.
- Last Updated Date: February 5, 2026
Birth injuries are heartbreaking and can have lifelong consequences for a child and their family. While not all birth injuries are preventable, unfortunately, many happen because of medical mistakes by the delivery team or other health care providers. Families in New York dealing with a birth injury may not know where to turn to get help on behalf of their child.
At the Birth Injury Center, we know this is an emotionally and financially draining time for your family. We provide all possible means of support throughout the process, from discovery to healing and acceptance. We can also connect you with a team of experienced, skilled, and compassionate attorneys who will help you seek legal redress for your child’s injuries. If your child suffered a birth injury, contact a New York birth injury lawyer at the Birth Injury Center. You do not want to miss your opportunity to seek justice and compensation for your child.
Contact a lawyer for a free case evaluation today!
How Our New York Birth Injury Lawyers Can Help You Win Your Case
For any family, dealing with their child’s birth injury can be an incredibly difficult and emotional journey. At Birth Injury Center, we partner with The Sanders Law Firm to help families pursue birth injury malpractice cases in New York. If your child has suffered a birth injury, our legal partners can help you understand your legal rights, determine if you are entitled to pursue a claim, and file a lawsuit to recover compensation.
The Sanders Law Firm has deep experience handling birth injury cases and will take a comprehensive approach to your case, listening to your story and learning about the circumstances surrounding the injury. Once we can identify those responsible for any injuries, we’ll clearly explain your legal options so you can choose the right path for your family.
Our legal partners at The Sanders Law Firm can support you throughout these challenging times by doing the following:
- Providing a free case assessment
- Investigating the circumstances of your child’s birth injuries
- Collecting and analyzing the evidence
- Developing an effective strategy
- Explaining your legal options
- Negotiating with other parties on your behalf
- Representing you at trial, if necessary
Your New York birth injury lawyer will tirelessly advocate for you and negotiate with the opposing parties or their insurance companies to seek fair compensation. If those negotiations do not result in a full and fair offer, we will aggressively fight for your legal rights in court. Our team will use every available option to build a strong case.
Contact our legal team if you need a New York birth injury attorney. We can answer all your questions to get started on your case.
What Causes Birth Injuries in New York?
Several underlying factors, such as pregnancy complications, may cause birth injuries. The most common reasons include the following:
- Medical negligence: These injuries frequently result from errors or negligence by medical personnel. During prenatal care, labor, or delivery, the medical staff could make mistakes that cause serious injuries. In August 2025, a Utah judge awarded a $951 million verdict to a family whose child suffered lifelong disabilities due to negligent care during delivery. The baby endured oxygen deprivation and an extremely delayed C-section due to the medical providers’ negligence.
- Medication affects: Sometimes, medications, such as Cytotec induction, can adversely affect the mother and baby.
- Delivery complications: Not all deliveries are easy, particularly if the baby is breech or the mother has a prolonged labor. All these scenarios raise the risk of birth injuries. In November 2025, an Arizona family filed a lawsuit against several local doctors and a hospital over alleged failures to adequately prepare for complications during a high-risk delivery. The infant got stuck in the birth canal for nearly five minutes.
- Size discrepancies: The baby might get stuck and need medical help to be delivered if the mother’s birth canal is too small or the child is larger than average.
- Use of instruments: Vacuum delivery or forceps are useful during some deliveries. However, they may cause bone fractures or nerve damage without proper care.
- Oxygen deprivation: Insufficient oxygen supply to the baby’s brain before, during, or after birth can result in severe neurological injuries, such as cerebral palsy or developmental delays.
- Inadequate monitoring: It is crucial to properly monitor both the mother’s and the baby’s vital signs during labor. Inadequate tracking may lead to missed distress signals, resulting in avoidable injuries.
- Premature birth: Babies born before they’ve fully developed are more susceptible to various health issues and injuries due to their underdeveloped organs and systems.
A combination of factors can cause birth injuries. Close monitoring, proper medical care, and timely interventions are essential to minimize the risk of injuries and ensure the mother’s and the baby’s safety during childbirth.
What Are the Most Common Types of Birth Injuries?
Birth injuries can cause physical and neurological conditions that significantly impact a child’s health. The most common birth injuries include:
- Brachial plexus injuries
- Cerebral palsy
- Erb’s palsy
- Hypoxic-ischemic encephalopathy, or HIE
- Fractures
- Facial nerve injury
- Spinal cord injuries
- Infection
- Death, including intrauterine fetal demise
How Much Do Birth Injury Lawyers Cost in New York?
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. The birth injury attorneys at The Sanders Law Firm work on a contingency fee basis, meaning you will not pay any upfront costs. Instead, your legal team gets a portion of the compensation you recover if they obtain a settlement or judgment for you.
New York Statute of Limitations for Birth Injury Cases
If you or someone close to you has suffered a birth injury in New York, you will want to know how long you have to file a claim. The statute of limitations can differ based on your case’s specifics.
Typically, the limit for medical malpractice claims is two years and six months from the date of the alleged conduct. The state has a law that pauses the statute of limitations for minors until they turn 18, but in such cases, lawsuits must be commenced within 10 years of the date of the medical negligence.
What Types of Compensation Can I Claim?
When you bring a birth injury claim, you can usually seek two types of damages: economic and non-economic damages. Economic damages compensate you for the quantifiable monetary losses caused by the injury, while non-economic damages compensate you for more subjective losses, such as emotional and physical suffering. You may receive damages in the form of a birth injury settlement or a jury verdict after a trial.
You can pursue compensation for the following losses:
- Medical expenses
- Future medical costs
- Educational expenses
- Home modifications
- Pain and suffering
- Emotional distress
Many birth injury cases result in multi-million dollar settlements or verdicts, with non-economic damages like pain and suffering making up a large portion of that compensation. In one notable case, a Queens County jury awarded $38 million in damages to a family whose child suffered oxygen deprivation during birth, causing cerebral palsy. Meanwhile, in a Utah case, a judge awarded a family over $950 million in damages for medical negligence during the birth that caused lifelong disabilities.
How To File a Claim in New York
To file a claim in New York, you must meet certain requirements. First, you must establish that a doctor-patient relationship existed, thereby giving rise to a legal duty of care. Next, you must demonstrate that the health care provider failed to provide the accepted standard of medical care, breaching that duty. Finally, you must show that negligence caused your child to suffer an injury, harm, or a worsened medical condition.
Birth injury lawsuits let you seek compensation from a negligent medical provider. That means your legal team must show the health care professional’s actions deviated from the accepted standard of care, causing the injury or harm suffered.
You should collect all relevant medical records, including the following:
- Treatment details, including dates, locations, and health care providers involved
- Test results
- Prescriptions
- Medical bills
- Other pertinent documents
Before filing a medical malpractice claim in New York, you must file a Notice of Intent to Sue. Your attorney can help you file that notice.
FAQs About Birth Injury Claims in New York
In New York, families typically have 2.5 years from the date of the alleged medical malpractice to file a lawsuit. The filing period is paused for minors until they reach age 18. However, a lawsuit must be filed within 10 years of the medical negligence.
You may need treatment details, test results, doctors’ statements, medical bills, and more to support your birth injury claim.
Yes, you can sue a hospital for a birth injury in New York if the negligence of hospital staff caused the birth injury.
Reach Out to Birth Injury Center Today
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 get connected 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: February 5, 2026
