Westchester Birth Injury Lawyers
- Last Updated Date: February 23, 2026
When a child is injured during birth, the damage can have lifelong consequences for the baby and their family. Not all birth injuries are preventable, but some happen because of medical mistakes by the delivery team or other health care providers. If your child suffered from a birth injury due to medical malpractice in Westchester County, your family has legal rights and options for pursuing justice and compensation.
Why Choose Westchester Birth Injury Lawyers
Working with a local Westchester County attorney is crucial for a successful birth injury lawsuit in New York. Local attorneys have experience in Westchester County courtrooms, familiarity with state and local laws, and access to a network of respected medical experts who can testify.
At Birth Injury Center, we partner with The Sanders Law Firm to provide legal assistance to Westchester County families struggling with the aftermath of birth injuries. With proven results and countless positive client testimonials, our partners take a compassionate approach to every case, listening to your family’s story and working with you to determine the best path forward.
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 Much Does a Westchester Birth Injury Lawyer Cost?
While there are no set costs to hire a Westchester County birth injury lawyer, New York law does govern the amount medical malpractice attorneys can charge. Attorneys’ fees can depend on several factors, including the case’s complexity and whether it settles or goes to trial.
The Westchester birth injury attorneys at The Sanders Law Firm work on a contingency fee basis, so you won’t pay any upfront costs. Instead, your legal team will receive a portion of the compensation you recover if they obtain a successful settlement or verdict for you.
When Is a Birth Injury a Legal Case?
Some birth injuries are preventable with proper prenatal care and management of complications during delivery. A birth injury only becomes a cause for legal action when it was preventable and caused by the negligence or mistakes of a medical provider.
To file a birth injury claim in New York, you must meet certain requirements to prove medical malpractice. First, you must establish that a doctor-patient relationship existed, creating 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, and that those injuries caused financial, physical, or emotional damages.
Who Can File a Birth Injury Lawsuit in Westchester?
In Westchester County, parents or legal guardians of children who were injured during birth can file a lawsuit on the child’s behalf. If the birth injury has resulted in the child’s death, you may be entitled to file a wrongful death lawsuit. If the parents or legal guardians have died, certain other family members may also file a lawsuit on the child’s behalf.
How Long Do You Have to File a Birth Injury Lawsuit in Westchester?
In New York, the statute of limitations for a medical malpractice lawsuit is generally 2.5 years from the date of the incident, but state law pauses the period for minors until they reach age 18. However, New York law imposes a hard cap of 10 years from the incident for medical malpractice claims on behalf of minors. Thus, families typically have until the child’s 10th birthday to file a birth injury lawsuit.
If the birth injury led to the wrongful death of your child, the time limit to file a lawsuit is two years from the date of death.
It’s important to act quickly to gather evidence before it disappears, as medical records can become more difficult to access over time, and witnesses’ memories may fade.
What Compensation Is Available in a Westchester Birth Injury Case
When you file a birth injury lawsuit, you may seek 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 subjective losses, such as emotional and physical suffering.
You can generally pursue compensation for the following damages:
- Current & future medical care
- Therapy & rehabilitation
- Assistive devices
- Home modifications
- Lost earning capacity or educational opportunities
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Common Birth Injuries in Westchester Cases
Birth injuries can cause physical and neurological conditions that significantly impact a child’s health. Some of the most common types of birth injuries in Westchester County include the following:
- Cerebral palsy
- Brachial plexus injuries, or Erb’s palsy
- Hypoxic-ischemic encephalopathy, or HIE
- Oxygen deprivation
- Brain bleeds or hematomas
- Shoulder dystocia injuries
- Nerve damage
Major Hospitals in Westchester County
According to Medicare.gov, seven hospitals in Westchester County meet the criteria for a birthing-friendly facility. Most of these facilities have generally high ratings across all areas of medical service, but three lower-rated facilities have faced lawsuits and significant settlements in the past regarding birth injuries.
The major hospitals in Westchester County include the following:
- Northern Westchester Hospital (Overall Medicare Rating: 5)
- White Plains Hospital Center (Overall Medicare Rating: 5)
- Hudson Valley Hospital Center (Overall Medicare Rating: 4)
- Phelps Hospital (Overall Medicare Rating: 3)
- St John’s Riverside Hospital (Overall Medicare Rating: 2)
In 2009, the family of a three-year-old boy who developed cerebral palsy as a result of unnecessary delays during his birth obtained a $77 million settlement with St. John’s Riverside Hospital. The child’s mother alleged in the lawsuit that during the birth, the delivery staff had ignored signs that the fetus was suffering oxygen insufficiency. Rather than performing a Caesarean delivery, the doctor waited nearly an hour before beginning a vaginal delivery.
- Montefiore New Rochelle Hospital (Overall Medicare Rating: 1)
In 2013, a 28-year-old mother of a newborn baby died at Montefiore Hospital, prompting a lawsuit by her family. Athena Natal allegedly died 12 days after giving birth because the doctor failed to properly remove the placenta, leaving 1/3 inside the uterus, which caused massive bleeding and infection.
- Westchester Medical Center (Overall Medicare Rating: 1)
A mother sued two treating physicians at Westchester Medical Center for medical malpractice after they failed to offer a cervical cerclage and seek an appropriate fetal specialist while she was pregnant. These failures allegedly resulted in the child being born prematurely with substantial birth injuries, including cerebral palsy, blindness, cognitive issues, and more. The case resulted in a $20 million jury verdict.
Speak With a Westchester Birth Injury Lawyer Today
Dealing with a birth injury can be an incredibly difficult and emotional journey for the child and their entire family. 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.
Contact us today for a free consultation.
- Last Updated Date: February 23, 2026
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