If your child was hurt during labor or delivery, you're likely dealing with fear, unanswered questions, and pressure from hospital staff or insurers. Porter Law Group's birth injury attorneys help New York families understand what happened, whether it was preventable, and what compensation their child is entitled to for a lifetime of care.
Birth injuries range from nerve damage and oxygen deprivation to brain injuries that require lifelong support. Many are preventable. When a doctor, nurse, or hospital fails to meet the standard of care and a child is harmed as a result, families have the right to hold them accountable. Porter Law Group has recovered more than $500 million for seriously injured clients since 2009, with multiple birth injury settlements exceeding $8 million across every county in New York State.
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Birth injury cases demand a specialized combination of obstetric medical expertise, life-care-plan economics, and New York procedural knowledge that few firms possess. Porter Law Group has recovered more than $500 million for seriously injured clients since 2009, including multiple pediatric recoveries exceeding $8 million for children who suffered permanent disabilities due to labor-and-delivery negligence.
Led by Harvard-educated attorney Michael S. Porter, a former U.S. Army JAG Corps Captain with over 20 years of trial experience, the firm retains maternal-fetal medicine specialists, pediatric neurologists, neonatologists, life care planners, and vocational economists to document every dollar of a child's future medical, educational, and earning needs. Seven of eight partner-level attorneys are recognized by Super Lawyers, a distinction earned by fewer than 5% of New York attorneys.
"A birth injury case is the most complex medical malpractice case in personal injury law. The medicine spans three specialties — obstetrics, neonatology, and pediatric neurology — the damages stretch across the child's entire life expectancy, and a judge has to approve the settlement as fair to a client who cannot speak for themselves. These cases are won on detailed fetal heart tracings, umbilical cord gases, MRI imaging, and life care plans built with the family's own treating physicians."
— Michael S. Porter, J.D., Porter Law Group
A birth injury is physical or neurological harm to a newborn caused by the negligent acts or omissions of medical providers during pregnancy, labor, delivery, or the immediate postpartum period. Under New York law, birth injury claims are a subset of medical malpractice, governed by CPLR §214-a and requiring proof that a provider deviated from the accepted standard of obstetric or neonatal care and that the deviation caused the injury.
The most common birth injuries handled by Porter Law Group include:
Not every adverse outcome is actionable. Under CPLR §3012-a, the plaintiff's attorney must file a certificate of merit declaring that the attorney has consulted with a qualified physician and concluded that there is a reasonable basis for the action.
Birth injuries in New York hospitals typically trace back to one of a handful of well-documented obstetric errors, each recognized by the American College of Obstetricians and Gynecologists (ACOG) as preventable with appropriate care.
| Obstetric Error | Typical Injury | Related Practice Area |
| Failure to monitor fetal heart rate | HIE, cerebral palsy, stillbirth | HIE / Oxygen Deprivation |
| Delayed emergency C-section | Brain damage, wrongful death | Delivery Room Error |
| Mismanaged shoulder dystocia | Brachial plexus injury, fractures | Shoulder Dystocia |
| Improper use of vacuum or forceps | Skull fractures, intracranial bleeding | Vacuum & Forceps |
| Excessive or mistimed Pitocin | Uterine rupture, fetal distress | Pitocin Errors |
| Failure to diagnose preeclampsia | Maternal seizure, placental abruption | Preeclampsia |
| Umbilical cord mismanagement | Oxygen deprivation, stillbirth | Umbilical Cord |
| Untreated severe jaundice | Kernicterus, hearing loss | Kernicterus |
| NICU medication and monitoring errors | Permanent neurological harm | Neonatal Care Errors |
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New York places no statutory cap on damages in medical malpractice or birth injury cases, and the damages available stretch across the child's full life expectancy — often 70 or 80 years.
Future medical care is the largest category in most catastrophic birth injury cases. Porter Law Group retains life care planners to project the cost of surgeries, therapies, medications, durable medical equipment, home modifications, and custodial care. For children with severe cerebral palsy or HIE, the CDC has estimated lifetime medical costs at approximately $1 million per person in 2003 dollars (which translates to substantially higher figures in current dollars), and comprehensive life care plans commonly run to seven and eight figures.
Lost future earning capacity is projected based on parental educational attainment, standardized vocational data, and U.S. Census earnings data for similar demographic groups, adjusted downward for the specific limitations imposed by the injury. A child who will never be able to work can recover the full projected lifetime earnings of a comparable uninjured peer.
Pain and suffering damages are not capped in New York. Juries consider the severity and permanence of the injury, the child's life expectancy, and the impact on normal childhood development. Non-economic damages in catastrophic birth injury cases regularly exceed seven figures.
Parents' derivative claim. Parents have a separate cause of action for medical expenses paid on the child's behalf and for loss of the child's services. This claim follows the parents' own 2.5-year medical malpractice statute of limitations under CPLR §214-a and is not tolled by the child's infancy — a trap that catches families every year.
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Birth injury deadlines in New York are shorter and more complex than most parents realize. Consulting an attorney early is essential because public-hospital cases trigger a 90-day clock that cannot be extended by the infancy toll.
Private hospitals: 2.5 years, with a 10-year infancy cap. Under CPLR §214-a, medical malpractice actions must be filed within two years and six months of the negligent act. CPLR §208 tolls the deadline during the child's minority, but caps the toll at 10 years from the malpractice. For birth injuries, this generally means the claim must be filed before the child's 10th birthday, regardless of when the injury was diagnosed.
Public hospitals and municipal facilities: 90-day Notice of Claim. Under General Municipal Law §50-e, claims against public hospitals (including NYC Health + Hospitals facilities, SUNY Upstate, SUNY Downstate, and Stony Brook University Hospital) require a Notice of Claim within 90 days of the injury and suit filed within 1 year and 90 days. The infancy toll does not extend the 90-day notice deadline itself. Late-filed notice requires a court order under GML §50-e(5), which is never guaranteed.
Wrongful death of an infant: 2 years from death. Under EPTL §5-4.1,wrongful death claims must be filed by the estate representative within two years of the child's death, regardless of when the underlying malpractice occurred.
Parents' derivative claim: 2.5 years, no infancy toll. Parents' claims for medical expenses and loss of services must be filed within the parents' own 2.5-year window and are not extended by the child's infancy.
New York treats minor-plaintiff medical malpractice cases as a separate procedural category with safeguards built in to protect the child.
A minor cannot sue in their own name. Under CPLR §1201, a birth injury lawsuit must be brought by a parent with legal custody, the guardian of the child's property, or a court-appointed guardian ad litem under CPLR §1202. The parent directs the litigation, but the recovery belongs to the child.
Court approval of every settlement. Under CPLR §1207 and §1208, any settlement of a minor's claim is unenforceable unless a judge approves it at an infant compromise hearing. Counsel must submit affidavits detailing the injury, the life-care plan, outstanding medical liens, and why the proposed settlement is fair.
Attorney fees on medical malpractice settlements. New York applies a sliding scale under Judiciary Law §474-a: 30% of the first $250,000; 25% of the next $250,000; 20% of the next $500,000; 15% of the next $250,000; and 10% above $1.25 million. This is more favorable to the family than the one-third cap commonly applied in general personal injury cases.
Court-supervised held funds. Net proceeds are typically directed into a structured settlement annuity or a court-supervised account held for the child's benefit until age 18. Early release under CPLR §1211 is available only on a showing of demonstrated need.
Porter Law Group's published results include 53 cases at or above $1 million, with multiple pediatric recoveries exceeding $8 million. View all case results →
$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.
$8,250,000 Settlement: An infant sustained permanent physical and cognitive disabilities after delayed response to fetal distress during labor. Proceeds covered lifetime medical and educational needs.
$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.
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Talk to our experienced birth injury attorneys and find out if your child's injury was preventable, in a free, no-obligation consultation.
1. Obtain complete medical records. Under New York Public Health Law §18, you are entitled to your and your child's medical records within a reasonable time of a written request — the New York State Department of Health considers 10 to 14 days a reasonable response time. Request the full labor-and-delivery chart, fetal heart monitoring strips, umbilical cord blood gas results, operative reports, NICU records, and all imaging.
2. Document your child's symptoms and diagnoses in writing. Keep a dated log of every developmental milestone, therapy session, specialist visit, and new diagnosis. Birth injuries often reveal themselves gradually as the child misses motor or cognitive milestones.
3. Do not sign anything from the hospital or insurance carrier. Hospital risk management and malpractice insurers sometimes approach families early with settlement offers or releases. Any document signed before an independent medical and legal review can permanently limit your child's recovery.
4. Act immediately if the delivery occurred at a public hospital. Deliveries at NYC Health + Hospitals, SUNY Upstate, SUNY Downstate, Stony Brook, or any county-run facility require a Notice of Claim within 90 days under GML §50-e. Missing this deadline can bar the claim entirely.
5. Contact a New York birth injury attorney. Porter Law Group offers free consultations on a contingency-fee basis and handles every stage of the case, from record collection through expert review, litigation, infant compromise approval, and trial.
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Porter Law Group represents families in birth injury and medical 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 Birth Injury Lawyer in 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 birth injury attorney.
Determining whether a birth injury was caused by malpractice requires expert review of the labor-and-delivery chart, fetal heart tracings, umbilical cord blood gases, and early imaging studies by a qualified obstetrician, maternal-fetal medicine specialist, or neonatologist. Under CPLR §3012-a, the plaintiff's attorney must file a certificate of merit declaring that they have consulted with a qualified physician and concluded that there is a reasonable basis for the action. Common malpractice markers include delayed response to non-reassuring fetal heart patterns, failure to perform a timely cesarean, mismanagement of shoulder dystocia, and improper instrument-assisted delivery.
Private-hospital birth injury claims in New York must generally be filed before the child's 10th birthday, because CPLR §208 caps the infancy toll of the 2.5-year medical malpractice statute of limitations at 10 years from the date of the malpractice. Claims against public hospitals (including NYC Health + Hospitals, SUNY Upstate, and SUNY Downstate) require a Notice of Claim within 90 days of the injury under General Municipal Law §50-e, and the infancy toll does not extend this 90-day notice period. Parents' separate derivative claims follow the parents' own 2.5-year statute and are not tolled by the child's infancy.
Birth injury settlements in New York vary widely based on the severity and permanence of the injury, the child's life expectancy, and the quality of the life-care plan. Catastrophic cases involving cerebral palsy, HIE, or severe brain damage commonly settle in the seven- and eight-figure range because lifetime medical costs alone can be substantial — per the CDC's archive page on cerebral palsy, lifetime medical costs were estimated at approximately $1 million per person in 2003 dollars (substantially higher in current dollars). New York places no statutory cap on damages in medical malpractice cases, and juries can award the full projected cost of future medical care, lost future earning capacity, and non-economic damages for pain and suffering. Every settlement of a minor's claim must be approved by a judge at an infant compromise hearing under CPLR §1207.
Attorney fees in New York birth injury cases follow the sliding scale in Judiciary Law §474-a, which applies to all medical, dental, and podiatric malpractice recoveries: 30% of the first $250,000; 25% of the next $250,000; 20% of the next $500,000; 15% of the next $250,000; and 10% above $1.25 million. This structure returns a larger percentage of the recovery to the family on large settlements than the flat one-third contingency commonly applied in general personal injury cases. The judge reviews and approves the fee at the infant compromise hearing under CPLR §1208 to ensure it is fair and reasonable.
Delayed diagnosis is common in birth injury cases because conditions like cerebral palsy, HIE, and periventricular leukomalacia often do not become apparent until the child misses developmental milestones at 12, 18, or 24 months of age. New York does not apply a traditional discovery rule to medical malpractice claims — the clock runs from the date of the malpractice itself, not from the date of diagnosis. However, because CPLR §208 tolls the statute of limitations during the child's infancy up to a 10-year cap, most birth injury claims remain timely as long as suit is filed before the child's 10th birthday.
Births at public hospitals — including NYC Health + Hospitals facilities, SUNY hospitals, and county-operated medical centers — are subject to the Notice of Claim requirement of General Municipal Law §50-e. A Notice of Claim must be served within 90 days of the injury, and the lawsuit filed within 1 year and 90 days. The 10-year infancy cap under CPLR §208 applies to the underlying statute of limitations, but the 90-day notice requirement is a strict condition precedent and is not extended by the child's infancy. Late-filed notice requires a court order under GML §50-e(5) and is never guaranteed.
Yes. Consent forms signed before labor and delivery do not release hospitals or physicians from liability for negligent care. Under New York Public Health Law §2805-d, informed consent only covers the risks of a properly performed procedure — it does not authorize a provider to deviate from the accepted standard of care. A mother who consents to a vaginal delivery, for example, does not consent to mismanaged shoulder dystocia or a delayed response to fetal distress. General hospital admission forms signed in the emergency department or at check-in are equally ineffective as waivers of malpractice liability.
Most New York birth injury cases take 24 to 48 months from filing to resolution, with catastrophic cases involving complex life-care planning sometimes taking longer. The timeline includes medical record collection, expert review, filing the complaint with the certificate of merit under CPLR §3012-a, discovery and depositions of obstetricians and nurses, independent medical examinations, the infant compromise hearing, and either settlement or trial. Porter Law Group prepares every birth injury case as if it will go to trial, which tends to produce stronger settlement leverage and a faster resolution once discovery is complete.
Michael S. Porter is the founder and managing partner of Porter Law Group, representing New York families in 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 child suffered a 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 under Judiciary Law §474-a, so you pay nothing unless you win.
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