Umbilical cord prolapse is one of the most dangerous emergencies that can happen during childbirth. It happens when the umbilical cord slips out of the womb ahead of the baby. Once that happens, the baby's own weight presses down on the cord and cuts off the oxygen supply. Every minute without oxygen puts the baby's brain at risk. According to a 2021 study in the American Journal of Obstetrics and Gynecology, cord prolapse affects between 1 and 6 out of every 1,000 births and is linked to a death rate of 6 to 10 percent in high-income countries. Medical guidelines require an emergency C-section within 30 minutes of diagnosis. When a hospital team misses the warning signs, waits too long to act, or causes the prolapse through a careless procedure, that failure can be medical malpractice.
Porter Law Group represents New York families whose babies were harmed because a hospital team did not respond to cord prolapse in time. We have recovered more than $500 million for injured clients since 2009. If your baby was hurt during delivery, call us for a free consultation. You pay nothing unless we win.
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When a baby is deprived of oxygen during delivery, the medical records tell the story. The fetal heart monitor produces a continuous strip that shows exactly when the baby's heart rate dropped, how long it stayed down, and how long it took the team to deliver the baby. When that strip shows the baby was in distress and the team waited too long, the case is often strong.
Porter Law Group has recovered more than $500 million for seriously injured clients since 2009, including multiple cases where children received settlements over $8 million for injuries caused by preventable mistakes during delivery.
Our founder, Michael S. Porter, graduated from Harvard University and Syracuse University College of Law and spent four years as a Captain in the U.S. Army Judge Advocate General's Corps. He has more than 20 years of trial experience. We work with birth injury specialists including obstetricians, brain injury doctors, and life care planners who can review the records and explain exactly what went wrong and when. Seven of our eight partner-level attorneys have been named to Super Lawyers, a recognition given to fewer than 5% of New York attorneys.
"These cases come down to one question: how long did the baby go without oxygen? We work with medical experts who can go through the heart monitor strip minute by minute and pinpoint exactly when the team should have acted and didn't. Every minute of delay matters because every minute of oxygen loss causes more damage to the baby's brain."
— Michael S. Porter, J.D., Porter Law Group
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The umbilical cord is the baby's lifeline during pregnancy. It carries oxygen-rich blood from the placenta to the baby and removes waste. During a normal delivery, the baby comes out first and the cord follows. In a cord prolapse, the cord comes out first.
Once the cord slips out ahead of the baby, the baby's head or body presses against it with every contraction. That pressure cuts off blood flow through the cord. Without that blood flow, the baby stops receiving oxygen. Within minutes, the brain begins to suffer damage. If the baby is not delivered quickly, the damage can be permanent, or the baby can die.
This is why cord prolapse is treated as a true emergency. The hospital team must recognize it immediately, take steps to relieve the pressure on the cord, and perform an emergency C-section within 30 minutes.
The three forms of cord prolapse are:
All three require immediate action.
Cord prolapse can happen on its own, but it can also be caused by a medical procedure. When a procedure causes it, that is called iatrogenic cord prolapse, and it may be a sign of negligence.
Natural risk factors include:
Procedure-related causes include:
A 2018 medical review found that procedures like these cause up to 50% of all cord prolapse cases. Medical guidelines are clear: if a doctor needs to break the water when the baby's head is still high, an emergency C-section team must be on standby before the procedure begins. When that precaution is skipped and cord prolapse follows, the hospital may be responsible for what happens next. injury.
Cord prolapse is the most urgent cord emergency, but other cord-related problems can also injure a baby if the hospital team fails to respond properly.
| Condition | What Happens | How Common |
| Cord prolapse | Cord slips out ahead of the baby, cutting off oxygen | 1 to 6 per 1,000 births |
| Cord compression (no prolapse) | Cord gets squeezed during labor without slipping out | Common; shows up as dips on the heart monitor |
| Nuchal cord (cord around the neck) | Cord wraps around the baby's neck | Seen in about 29% of births at full term |
| True knot in the cord | An actual knot forms in the cord and tightens during labor | 0.3% to 2.1% of pregnancies |
Most nuchal cords and many cord compressions resolve on their own or with repositioning. But when the heart monitor shows repeated or worsening drops in heart rate and the team does not act, a preventable injury can result. A 2025 study found that a true knot in the cord that tightens is one of the strongest predictors of a baby dying around the time of birth (adjusted odds ratio 15.46).
The most common injury from all of these conditions is hypoxic-ischemic encephalopathy, or HIE. HIE is brain damage caused by oxygen deprivation. It can lead to cerebral palsy, seizures, developmental delays, and lifelong disabilities.
Cord prolapse itself is not automatically malpractice. It can happen even when a hospital team does everything right. What makes it malpractice is how the team responded. These are the most common failures we see:
Failure to recognize the emergency in time. When the fetal heart monitor shows a sudden, sustained drop in heart rate, especially after the water breaks, the team must immediately check for cord prolapse. Waiting or ignoring the warning signs, particularly in a patient already at higher risk, is a recognized basis for a malpractice claim.
Causing cord prolapse through a careless procedure. If a doctor broke the water when the baby's head was still high and did not have an emergency C-section team ready, and cord prolapse followed, that is a preventable injury. Up to 50% of all cord prolapse cases are caused this way.
Taking too long to perform the emergency C-section. Once cord prolapse is recognized, the clock starts. Guidelines call for delivery within 30 minutes. Research shows that babies delivered after longer delays have significantly worse outcomes. When records show the team took substantially longer and the baby suffered brain damage consistent with oxygen deprivation, the case for malpractice is strong.
Missing a breech presentation before labor. Babies positioned feet-first are at much higher risk of cord prolapse. Medical guidelines recommend a planned C-section for most breech babies at term. When a doctor fails to identify or address a breech position before labor begins, and cord prolapse follows, that failure may be grounds for a claim.
Ignoring warning signs during labor even without a prolapse. Repeated dips on the fetal heart monitor during labor are a sign the cord is being compressed. When those patterns appear and the team does not act, the baby can suffer the same kind of brain damage as in a full prolapse. This is actually the most common cord-related malpractice pattern we see in litigation.
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New York does not cap the damages a family can receive in a medical malpractice case. That means a jury can award whatever amount fairly reflects the harm done to the child and the family.
Lifetime medical and care costs are typically the largest part of a settlement or verdict in a serious case. The CDC estimated in 2003 that caring for a person with cerebral palsy costs approximately $1 million over a lifetime, with medical costs running about 10 times higher than for a child without CP. Adjusted for today's costs, life care plans in catastrophic cases routinely reach into the millions.
Lost future earnings. If the injury prevents the child from working as an adult, the family can recover the full projected lifetime income of a comparable healthy person.
Pain and suffering. There is no cap on this in New York. The jury considers how permanent the injury is, the child's life expectancy, and everything the child will not be able to experience as a result of the injury.
Wrongful death. When a baby dies from cord-related complications after being born alive, parents can file a wrongful death claim within two years of the death. For a baby who was stillborn (died before delivery), New York law does not allow a wrongful death claim for the baby itself, but the mother can recover for her own emotional distress caused by the malpractice (Broadnax v. Gonzalez, 2 N.Y.3d 148 (2004)).
Parents' own claim. Parents can separately recover for medical bills they paid and for the loss of the child's companionship. This claim has its own 2.5-year deadline that is not extended by the child's age.
Porter Law Group's published catastrophic case results include three pediatric birth injury settlements that demonstrate the firm's track record in complex delivery-related injury cases.View all case results →
$8,250,000 Settlement: An infant sustained permanent physical and cognitive disabilities after delayed response to fetal distress during labor — the central cord-related fact pattern in which a non-reassuring fetal heart tracing was not addressed in time to prevent hypoxic-ischemic injury. Proceeds covered lifetime medical and educational needs.
$8,300,000 Settlement: A premature infant suffered profound permanent disabilities, including cerebral palsy, after physicians failed to properly manage the mother's pre-gestational diabetes. The structured settlement provides lifetime care and therapy funding.
$8,120,000 Settlement: An infant suffered permanent delivery-related injuries caused by mismanaged labor and delivery. The recovery funded a life-care plan built with the family's physicians and therapists.
Every case is different. Past results do not guarantee future outcomes.
The deadlines in birth injury cases are strict and shorter than most people expect.
| Who You Are Suing | Deadline | Key Rule |
| Private hospital or doctor | Child's 10th birthday in most cases | 2.5-year limit, extended by child's age but capped at 10 years from the injury |
| Public hospital (NYC Health + Hospitals, SUNY hospitals, county hospitals) | 90 days to file a Notice of Claim | This deadline is NOT extended by the child's age. Miss it and the claim is gone. |
| Wrongful death (baby died) | 2 years from the date of death | Applies when the baby was born alive and then died |
| Parents' own claim | 2.5 years from the injury | Not extended by the child's age |
The most important thing to know: If your baby was born at a public hospital, you have only 90 days from the delivery to file a formal Notice of Claim. This deadline is not flexible. Missing it can end your case before it starts.
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1. Request all the medical records. You have the right under New York law to your child's complete records, including the full fetal heart monitor strips, umbilical cord blood gas results, Apgar scores, the delivery notes, and any documentation of cord prolapse or other complications.
2. Ask for the placental pathology report. After delivery, the placenta and cord are usually sent to a pathologist. This report can reveal cord problems that explain what happened.
3. Save all brain imaging. An MRI done between days 4 and 7 of life is the most important test for identifying whether brain damage was caused during delivery. Make sure copies are preserved.
4. Keep a developmental log. Write down every medical visit, therapy appointment, and milestone your child reaches or misses. Dates matter. This record becomes evidence.
5. Act immediately if you delivered at a public hospital. The 90-day Notice of Claim deadline for public hospitals is the most commonly missed deadline in birth injury cases. Do not wait.
6. Call a cord prolapse attorney. Porter Law Group handles every step, from collecting records to working with medical experts to taking the case to trial if needed. There is no fee unless we win.
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Porter Law Group represents families in cord-related and other birth injury malpractice cases throughout New York State, with a statewide practice reaching every county and jurisdiction. Our Syracuse headquarters serves Central and Upstate New York, while attorneys travel regularly to downstate courthouses for cases in the five boroughs, Westchester, and Long Island.
Serving Clients statewide , including Syracuse,New York City, Manhattan,Buffalo, Rochester, Albany, Yonkers, White Plains, Utica, Binghamton, Long Island (Nassau and Suffolk Counties), Saratoga Springs, Ithaca.
Wherever your child was injured in New York, call (833) PORTER-9 for a free consultation with an experienced brachial plexus birth injury attorney.
No. Cord prolapse can happen even when doctors and nurses do everything correctly. What makes it malpractice is the response. Did the team catch the warning signs on the heart monitor? Did they check for cord prolapse right away? Did they get the baby out within 30 minutes? When the answer to any of those questions is no, and the baby was injured as a result, there may be a strong malpractice case.
A nuchal cord means the umbilical cord is wrapped around the baby's neck. It is actually very common, occurring in about 29% of full-term births, and in most cases it causes no harm at all. The problem arises when a tight nuchal cord causes repeated drops in the baby's heart rate during labor and the team does not respond appropriately. The cord itself is not malpractice. The failure to act on what the heart monitor is showing can be.
A true knot forms when the baby moves through a loop in the cord during pregnancy. Most true knots stay loose and never cause a problem. But when a true knot tightens during labor, it can cut off blood flow. A 2025 study found that a tightening true knot is one of the strongest predictors of a baby dying around birth. Because true knots are almost never diagnosed before delivery, these cases focus on whether the team responded appropriately to the warning signs on the heart monitor.
Iatrogenic means caused by a medical procedure. When a doctor breaks the water artificially while the baby's head is still high in the pelvis, the cord can slip out alongside or ahead of the baby. Medical guidelines require that an emergency C-section team be ready before this procedure is performed in that situation. When that precaution is not taken, the hospital may be liable for what happens next.
For private hospitals and doctors, you generally have until the child's 10th birthday, because the child's age extends the normal 2.5-year deadline up to a maximum of 10 years. For public hospitals, you have only 90 days to file a formal Notice of Claim, and that deadline is not extended. Wrongful death cases have a 2-year deadline from the date of death. Parents' own claims have 2.5 years with no extension.
Michael S. Porter is the founder and managing partner of Porter Law Group, representing New York families in umbilical cord-related, birth injury, medical malpractice, and catastrophic injury cases. A graduate of Harvard University (B.A., 1994) and Syracuse University College of Law (J.D., 1997), Porter served four years as a Captain in the U.S. Army Judge Advocate General's Corps. Selected to Super Lawyers for 14 consecutive years (2012–2025), he holds a 10.0 Superb rating on Avvo and a Distinguished rating from Martindale-Hubbell.
Bar Admissions: New York State Bar | U.S. District Court, Northern and Western Districts of New York
Memberships: New York State Bar Association, Onondaga County Bar Association, New York State Academy of Trial Lawyers, Multi-Million Dollar Advocates Forum
If your newborn suffered a cord-related birth injury in New York due to medical negligence, critical deadlines may run faster than you expect: public-hospital cases require a Notice of Claim within 90 days, parents' derivative claims are not tolled by the child's infancy, and the 10-year cap under CPLR §208 closes most birth injury windows before a child's 10th birthday.
Contact Porter Law Group today at (833) PORTER-9 for a free, no-obligation consultation. We operate on a contingency-fee basis, so you pay nothing unless you win.
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