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Testimonials
Cancer Diagnosis Hit Our Family Hard
"My cancer diagnosis hit our family hard. Finding out that I was misdiagned made matters worse. Contacting Porter Law Group was my saving grace. From the start, Mike was at my side reassuring me that he would be there for support and guidance. I felt like family. The firm worked hard for my case and was very successful without going to court. I wouldn't have wanted any other team on my side besides Porter Law! Very professional, friendly and very highly regarded in the legal community. Top notch group." - Chriss S.
Excellent Lawyer
"I am extremely fortunate that Porter Law Group took my case after suffering a traumatic brain injury following a serious car accident. For over three years of medical rehabilitation and legal proceedings I worked with the lawyers and staff at the firm. They are a truly solid, forthright, and professional team. In the end, my case progressed to an eight-day civil trial. During the lead-up and long days of the trial itself, I saw firsthand what an outstanding lawyer and person Eric Nordby is. He brought an adept and thorough analytical mind, a principled work ethic, and personal dedication to my case. Eric is a highly skilled negotiator who operates calmly while under pressure. My family and I are privileged to have benefited from Eric’s expertise throughout our experience with the firm, which led to over a million dollars in financial compensation. I cannot recommend him more highly." - Matt H.
Professionalism Exemplified
"Michael represented our family in a medical malpractice suit. From the first consultation to the ultimate award, Michael and his firm handled the case with compassion, understanding and professionalism. He won the case and we were very satisfied with the award. I would unequivocally recommend Michael Porter as a medical malpractice attorney." - Mary G.

New York Birth Injury Lawyers

If your child suffered a birth injury due to medical negligence in New York, the birth injury lawyers at Porter Law Group are here to help you secure the lifetime care your child needs. With over 20 years of experience serving families in NYC, Buffalo, Rochester and beyond, our New York birth injury attorneys have recovered millions in settlements for cases involving cerebral palsy, hypoxic-ischemic encephalopathy (HIE), and brachial plexus injuries. 

Call 833-PORTER9 today for a free, no-obligation case review.

Was Your Child Injured During Delivery in New York?

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Birth Injuries: When Medical Negligence Changes Lives Forever

The birth of a child should be a joyous occasion. But when medical negligence occurs during labor and delivery, families can face devastating and lifelong consequences. Birth injuries often lead to permanent disabilities, extensive medical treatments, and overwhelming financial and emotional burdens. 

At the Porter Law Group, our New York birth injury lawyers understand  how profoundly a birth injury affects a child’s life—and the lives of everyone who loves them.

It’s important to distinguish between birth defects and birth injuries:

  • Birth defects typically develop during pregnancy due to genetic or prenatal factors.
  • Birth injuries occur during the labor and delivery process, often as a result of preventable medical mistakes.

When doctors, nurses, or hospitals fail to meet the accepted standard of care and cause harm to your newborn, you may have grounds for a birth injury lawsuit under New York law.

Our experienced birth injury attorneys serve families throughout New York State, including New York City, Buffalo, Rochester, Syracuse, and Albany. We are committed to holding negligent healthcare providers accountable and securing the financial resources your child will need for a lifetime of care, support, and opportunity.

Common Types of Birth Injuries in New York

At the Porter Law Group, our New York birth injury lawyers handle a wide range of cases involving serious injuries caused by medical negligence during childbirth. These include:

Cerebral Palsy

Cerebral palsy affects movement, muscle tone, and posture, often resulting from oxygen deprivation during labor and delivery. This condition requires lifelong care, therapy, and specialized medical attention. Learn more about cerebral palsy claims.

Hypoxic Ischemic Encephalopathy (HIE)

HIE occurs when a baby’s brain is deprived of oxygen during birth, leading to brain damage, developmental delays, and potential disabilities. Prompt medical intervention is crucial to minimize long-term effects.

Brachial Plexus Injuries/Erb's Palsy

Injuries to the brachial plexus nerve network affect arm and hand movement. Often caused by excessive pulling or improper delivery techniques, they can result in partial or complete paralysis. Learn about Erb's palsy legal options.

Brain Bleed/Hemorrhage

Trauma during birth can cause bleeding in the brain, potentially leading to severe neurological complications. Immediate treatment is critical to minimize long-term impacts. Read more about brain hemorrhage birth injuries.

Brain Swelling

Swelling in a newborn’s brain may result from oxygen deprivation or traumatic delivery, sometimes causing permanent brain damage if not promptly addressed. Understanding brain swelling birth injuries.

Caput Succadaneum

This condition involves swelling of soft tissues on the baby’s scalp, usually caused by prolonged pressure during delivery. While often temporary, complications can arise if improperly managed. Learn about caput succadaneum cases.

Facial Laceration

Cuts and scarring on the baby’s face can occur during cesarean sections or forceps-assisted deliveries. Some injuries may result in permanent facial scarring. Learn more about facial laceration birth injury claims.

Facial Nerve Injury/Nerve Palsy

Pressure during labor or delivery can cause damage to the facial nerves, leading to partial paralysis or weakness. Some cases heal naturally, while others require surgical repair. Read about facial nerve injury cases.

Cephalohematoma

Bleeding between the skull and its outer covering can create a raised bump on the newborn’s head. While typically temporary, cephalohematomas can sometimes lead to additional complications. Cephalohematoma birth injury information.

Stillborn Births/Wrongful Death

When medical negligence results in the tragic loss of a child, families may pursue wrongful death claims. Our attorneys handle these sensitive cases with compassion, dignity, and fierce advocacy. Stillbirth and wrongful death claims.

Subconjunctival Hemorrhage/Blindness

Pressure during delivery can cause blood vessels in a baby’s eyes to rupture, leading to vision problems or, in severe cases, permanent blindness. Vision-related birth injury cases.

Common Causes of Birth Injuries in New York Hospitals

At the Porter Law Group, our birth injury attorneys have identified several preventable causes of serious birth injuries in New York hospitals. These include:

Delayed C-Section

When signs of fetal distress arise, immediate cesarean delivery is often critical. Delays can cause oxygen deprivation leading to brain damage, cerebral palsy, or other permanent injuries. C-section birth injuries information.

Improper Use of Forceps and Vacuum Extractors

Forceps and vacuum extractors are powerful tools that require precise technique.
When misused, they can cause:

  • Skull fractures
  • Brain hemorrhages
  • Nerve injuries such as brachial plexus damage

Failure to Monitor Fetal Distress

Medical staff must closely monitor fetal heart rate and oxygen levels throughout labor and delivery. Failure to recognize or respond to signs of fetal distress—such as abnormal heart rhythms—can result in lifelong disabilities for the newborn.

Epidural Errors

While epidurals are common for labor pain relief, improper administration or monitoring can cause serious complications for both mother and baby, including blood pressure drops, slowed labor, or indirect harm to the infant. Epidural injury information.

Medication Errors

Incorrect use of labor-inducing medications, such as improper Pitocin dosing, can cause dangerously strong contractions, potentially reducing oxygen supply to the baby and increasing the risk of birth trauma.

Why Choose Our Top-Rated New York Birth Injury Lawyers?

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.  

You only get one chance to choose the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that delivers superior results. 

When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.     

Maximizing Birth Injury Lawsuit Settlements in New York

Birth injury cases often result in substantial settlements or verdicts because of the lifetime of care and support these injuries require.

At the Porter Law Group, our New York birth injury attorneys work diligently to maximize your compensation by focusing on three key strategies:

Comprehensive Damage Assessment

We collaborate with medical experts, life care planners, and economists to calculate the full lifetime costs associated with your child’s injuries, including:

  • Current and future medical expenses
  • Physical, occupational, and speech therapy costs
  • Specialized equipment needs and home modifications
  • Assistive technologies for mobility and communication
  • Special education needs 
  • Projected lost earning capacity
  • Pain and suffering damages
  • Emotional distress and loss of enjoyment of life

Strategic Negotiation

Our attorneys are highly skilled at negotiating with insurance companies and hospital legal teams. While most birth injury cases settle out of court, we prepare every case as if it will proceed to trial—a strategy that often results in higher settlement offers.

Structured Settlements

For many birth injury cases, structured settlements provide significant advantages, including tax benefits and guaranteed future payments.

Why choose a structured settlement for your child's birth injury case? Learn more here

The Birth Injury Lawsuit Process in New York

Understanding the process can help families feel more confident about what to expect. The key stages of a New York birth injury lawsuit include:

1. Free Initial Consultation

Our New York birth injury attorneys review your case at no cost, analyzing medical records and determining whether medical negligence contributed to your child’s injuries.

2. Certificate of Merit

New York law requires a certificate of merit, meaning a qualified medical expert has reviewed your case and confirmed evidence of negligence. Learn why New York requires certificates of merit for birth injury cases.

3. Investigation and Case Building

We gather extensive evidence, such as:

  • Medical records from prenatal care, labor, and delivery
  • Fetal monitoring strips and interpretations
  • Hospital procedures and protocols
  • Staff qualifications and training records
  • Expert medical opinions

4. Filing the Lawsuit

After thorough preparation, we file your birth injury lawsuit against all responsible parties, which may include doctors, nurses, hospitals, and medical corporations and institutions.

5. Discovery Phase

Both sides exchange information through:

  • Depositions (sworn witness testimony)
  • Written interrogatories (formal questions and answers)
  • Requests for key documents and records
  • Independent medical examinations

6. Negotiation and Settlement

Most birth injury cases settle before trial. We advocate aggressively for maximum compensation while keeping you fully informed throughout the negotiation process.

7. Trial (If Necessary)

If a fair settlement isn’t reached, our experienced trial lawyers present your case in court, utilizing:

  • Compelling expert testimony
  • Detailed medical evidence
  • A clear and powerful narrative showing how negligence caused your child’s injuries

Statute of Limitations for Birth Injury Lawsuits in New York

Time limits for filing birth injury claims in New York are strict and complex:

  • For the child's injuries: A lawsuit must be filed within 10 years from the child's birth
  • For the parent's claims: Generally 2.5 years from the date of the injury
  • For wrongful death: 2 years from the date of death

Missing these deadlines typically means losing your right to pursue compensation. 

Contact our New York birth injury lawyers as soon as possible to protect your legal rights.

FAQs About Birth Injury Lawsuits in New York

How Do I Know If My Child's Birth Injury Was Caused By Medical Negligence?

Birth injuries linked to medical negligence often happen when healthcare providers fail to follow proper protocols or respond to complications during labor and delivery. Warning signs can include:

  • Emergency interventions during delivery
  • Staff members expressing concern about the delivery process
  • Unexpected NICU admissions
  • Seizures or abnormal movements shortly after birth

Our New York birth injury attorneys offer free consultations to review your medical records and determine whether negligence played a role.

How Long Do I Have to File a Birth Injury Lawsuit in New York?

In New York, you generally have 10 years from your child's birth to file a lawsuit for their injuries. However, parents' claims for their own damages (such as emotional distress) must typically be filed within 2.5 years.

Read more about Broadnax vs Gonzales: Can You Sue for Emotional Distress in Birth Injury Cases?

What's the Average Settlement for a Birth Injury Case?

Birth injury lawsuit settlements vary widely based on factors such as injury severity, projected lifetime care needs, and available insurance coverage. Settlements can range from hundreds of thousands to millions of dollars. 

Rather than focusing on averages, our attorneys focus on calculating the specific lifetime costs associated with your child’s unique situation.

How Much Does It Cost to Hire a Birth Injury Lawyer in New York?

The Porter Law Group handles birth injury cases on a contingency fee basis—you pay nothing upfront, and we only collect a fee if we secure compensation for your family. We also advance all case expenses, including expert witness fees and medical record costs.

Will My Birth Injury Case Go to Trial?

Most birth injury cases settle before reaching trial. However, our attorneys prepare every case as if it will go to court, strengthening our negotiating position and often leading to larger settlement offers. If trial is necessary, our seasoned litigators will aggressively advocate for your family’s rights in court.

Contact Our New York Birth Injury Lawyers Today

If your child suffered a birth injury due to possible medical negligence, the Porter Law Group is here to help. Our experienced New York birth injury lawyers provide compassionate, dedicated representation to families throughout the state.

We understand the emotional and financial challenges you're facing and will fight tirelessly to secure the compensation your child deserves. The consultation is free, and you pay nothing unless we win your case.

Call 833-PORTER9, or email info@porterlawteam.com today to speak with a New York birth injury lawyer about your potential birth injury lawsuit. Let us help your family move forward with the resources needed for your child's future.

Serving families in New York City, Buffalo, Rochester, Syracuse, Albany, and throughout New York State.

Last Updated on 
June 30, 2025

Post Image: Photo by Jeferson Santu on Unsplash

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Our mission is simple: to defeat the powerful insurance companies that will stop at nothing to take advantage of our injured clients and their families.

If you or a family member has suffered a catastrophic injury or death due to someone’s negligence, you get only one shot to hire the best law firm for your family—the one with the experience and proven ability to get our clients the justice they deserve. Choose the Porter Law Group.
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