Birth Injury FAQs

A birth defect is a structural or functional anomaly present at birth arising from genetic, chromosomal, or environmental factors during fetal development, such as congenital heart defects or spina bifida. These develop during pregnancy, not during birth. A birth injury is physical harm caused to a newborn during labor, delivery, or immediately after birth due to medical complications or errors, such as brachial plexus damage or skull fractures from improper forceps use. The legal distinction is critical: birth injuries can support medical malpractice lawsuits when negligence is proven, while birth defects generally do not give rise to legal action unless misdiagnosis or delayed treatment constitutes malpractice.

Medical malpractice requires proving four elements: First, a doctor-patient relationship existed establishing duty of care. Second, the provider breached that duty by failing to meet standards a competent professional would provide. Third, this breach directly caused or significantly contributed to the injury. Fourth, your child suffered actual harm resulting in economic and non-economic losses. Common examples include failure to monitor fetal distress, improper use of delivery instruments, delayed C-sections, and medication errors. Expert medical testimony is essential to prove the provider's actions deviated from accepted practices and caused the injury. Consult a birth injury attorney to evaluate your specific case.

Consult a birth injury attorney immediately upon suspecting medical negligence, as evidence can disappear and memories fade. New York's general medical malpractice statute of limitations is 2.5 years from injury. However, birth injury cases have special provisions: parents must file within 2.5 years for their own damages, but can file on behalf of the child until the child turns 10 years old. The child can file their own lawsuit between ages 18 and 21. If injury is discovered later, the 2.5-year clock may start from discovery. New York also requires a certificate of merit from a qualified medical expert within 90 days after filing.

Early indicators include physical trauma like bruising, swelling, or fractures; difficulty breathing or need for resuscitation; seizures shortly after birth; abnormal muscle tone (either too floppy or too stiff); and difficulty feeding or swallowing. You may also notice asymmetrical movements or weakness in limbs. Long-term signs that emerge as your child grows include missed developmental milestones, speech delays, cognitive impairments, and motor coordination problems. Some signs are immediately apparent while others develop over time. If your child shows these symptoms, consult both medical specialists and a birth injury attorney promptly to determine if negligence played a role.

Multiple parties may share responsibility: obstetricians and attending physicians who managed delivery; nurses and nurse practitioners who provided labor care; hospitals and medical facilities for inadequate staffing, training, or protocols; and other medical staff involved in prenatal care, delivery, or neonatal care. Multiple parties can share liability in a single case. New York follows comparative negligence principles, meaning if multiple parties share fault, damages are divided accordingly based on each party's percentage of responsibility. Your attorney will investigate all potentially responsible parties to ensure maximum recovery for your child's injuries and future needs.

Filing serves several crucial purposes: securing compensation for your child's lifelong medical needs, therapy, and care that can cost millions over a lifetime; holding negligent providers accountable to prevent similar injuries to other families; accessing resources for specialized education, adaptive equipment, and home modifications; covering lost wages if parents must reduce work hours or leave employment to care for the child; and obtaining justice for the harm your family has endured. Birth injuries often result in lifelong disabilities requiring extensive medical care, rehabilitation, and support services. A successful lawsuit ensures your child has the financial resources needed for proper care throughout their life.

The process begins with an initial consultation where you meet with a birth injury attorney to discuss your case. Your attorney then investigates by reviewing medical records, prenatal care documentation, delivery logs, and hospital procedures. Medical experts analyze whether healthcare professionals were negligent. Once sufficient evidence is gathered, your lawyer files the complaint and submits a certificate of merit within 90 days from a qualified medical expert. During the discovery phase, both sides exchange evidence and take depositions. Many cases settle through negotiations before trial. If settlement isn't reached, the case proceeds to trial where a jury decides the outcome. Your attorney handles legal complexities while you focus on your child's care.

Birth injury lawsuits typically take 1-3 years to resolve, depending on case complexity, court schedules, and whether the case settles or goes to trial. Complex cases involving severe injuries and multiple defendants may take longer. While this may seem lengthy, thorough investigation and expert testimony are essential to building a strong case that maximizes your child's compensation. Many cases settle before reaching trial, which can expedite the timeline. However, rushing the process can compromise the outcome. Your attorney will work efficiently while ensuring all evidence is properly gathered and presented to secure the best possible result for your child's future needs.

Liability depends on whose negligence caused the injury. Individual healthcare providers who deviated from standard care can be held liable, including obstetricians, nurses, and other medical staff. Hospitals can be liable for systemic failures, inadequate supervision, or equipment issues. Medical groups or practices employing negligent providers may also bear responsibility. Your attorney will investigate all potentially responsible parties to ensure maximum recovery. In New York, each liable party pays their proportionate share under comparative negligence rules. Multiple parties often share liability, and identifying all responsible parties is crucial to securing adequate compensation for your child's lifetime needs and care requirements.

New York has complex statute of limitations rules for birth injury claims. The general rule is 2.5 years from the injury date. However, for infants, the statute is "tolled" (paused) until the child reaches age 18, with a maximum extension of 10 years from injury. Practically, parents must file on behalf of the child before the child's 10th birthday. Alternatively, the child can file their own lawsuit between ages 18 and 20.5 (2.5 years after turning 18). Different rules apply for wrongful death claims (2 years from death) and claims against government entities (90-day notice of claim required). Consult an attorney immediately to protect your rights.

New York allows recovery of economic and non-economic damages without caps. Economic damages include medical expenses (past and future), rehabilitation and therapy costs, specialized equipment and home modifications, lost future earning capacity, and special education costs. Non-economic damages cover pain and suffering, loss of enjoyment of life, and emotional distress. Punitive damages may be awarded in cases of intentional, extremely reckless, or fraudulent behavior to punish the defendant and deter future misconduct. The absence of damage caps in New York means you can pursue full compensation for all losses your child has suffered and will suffer throughout their lifetime due to the birth injury.

Yes, if you can prove medical negligence caused the birth injury. New York does not cap medical malpractice damages, allowing full compensation for your child's needs. Compensation is intended to cover both current and future expenses related to the injury, which may include lifetime medical care, therapy, assistive technology, and other support services. The amount depends on proving that healthcare providers breached their duty of care and that this breach directly caused your child's injuries. An experienced birth injury attorney can evaluate your case, gather necessary medical evidence, and work with experts to establish negligence and demonstrate the full extent of damages your child requires for proper care.

Available compensation includes medical costs covering all past and future medical expenses related to the injury. Therapy and rehabilitation encompasses physical, occupational, and speech therapy throughout your child's life. Special education costs include expenses for specialized schooling or educational support. Lost earnings compensation addresses parents' lost wages and the child's diminished earning capacity. Pain and suffering damages cover non-economic losses including physical and emotional suffering. Punitive damages may be available in cases of gross negligence or intentional harm. The specific compensation depends on injury severity, long-term prognosis, and impact on quality of life. New York's lack of damage caps allows for comprehensive recovery.

Birth injury case value varies dramatically based on several factors: severity and permanence of the injury, lifetime medical and care costs, impact on the child's earning capacity, pain and suffering, and available insurance coverage. Severe cases involving cerebral palsy, brain damage, or permanent disability can result in settlements or verdicts ranging from millions to tens of millions of dollars. However, each case is unique and depends on specific circumstances. An experienced birth injury attorney can provide a more accurate estimate after reviewing medical records and consulting with medical and economic experts to calculate lifetime costs and losses. Early consultation helps establish realistic expectations for your case.

In New York, parents or guardians file birth injury lawsuits on behalf of the injured child since minors cannot file themselves. Compensation is distributed carefully: money awarded for the child's injuries, future care, and pain and suffering is typically placed in a special account or structured settlement for the child's benefit. Compensation for parents' lost wages and medical expenses they paid is awarded directly to the parents. The child can access their compensation when they reach age 18, though structured settlements may provide periodic payments over time to ensure long-term financial security. The court oversees these arrangements to ensure the money is properly used for the child's care and benefit.

While not legally required, hiring a birth injury lawyer is strongly recommended and practically essential. Birth injury cases require understanding complex obstetric and neonatal medicine. You must present qualified medical experts to establish standard of care and causation. New York requires a certificate of merit from an expert within 90 days of filing. Hospitals and doctors have powerful insurance companies and experienced defense attorneys. An experienced attorney knows how to calculate and prove lifetime costs, which can reach millions of dollars. Attempting to handle a birth injury case without specialized legal representation puts your child's financial future at significant risk and dramatically reduces your chances of success.

The Porter Law Group has handled multiple birth injury cases throughout almost 20 years of service in New York State, and we have secured millions of dollars in settlements and court decisions for injured clients throughout the State. Our experienced birth injury attorneys know the ins and outs of birth injury litigation, and we have a wide network of medical experts throughout various fields of specialization who can help verify the details of your case, issue the required certifications, and if necessary, testify for you as expert witnesses. 

Most birth injury lawyers in New York work on a contingency fee basis, meaning you pay no upfront attorney fees unless you win your case. The attorney receives a percentage of the settlement or verdict, typically 33-40%. The law firm advances costs for medical experts, records, and litigation expenses, which are repaid from any recovery. Reputable birth injury attorneys offer free initial case evaluations. This arrangement ensures all families can access quality legal representation regardless of their financial situation. You should discuss the specific fee structure, percentage, and how expenses are handled during your initial consultation. This model aligns your attorney's interests with yours. They only succeed when you do.

When you hire the Porter Law Group, we take the burdens of complex litigation off your hands. New York’s personal injury laws are voluminous and maze-like. Once you decide to work with us, we take that burden off your hands so that you can focus on the recovery and treatment of your injured loved one. However, unlike other law firms, we do not deprive you of the decision-making power. All major developments will be constantly communicated to you, and we will leave you to make the final choice, with our expert guidance and recommendations. We also work on a contingency fee basis, so there are no upfront costs, and there are no fees unless we win the case or secure a favorable settlement for you.