New York Birth Injury Lawyer

Birth injuries can have severe and lasting consequences for children and their families. In New York, healthcare providers are legally required to meet established medical standards during pregnancy, labor, and delivery. When medical professionals fail to uphold these standards, serious harm can result. Birth injury lawsuits allow families to seek compensation when medical negligence causes preventable injuries. However, proving liability in these cases requires a thorough legal and medical analysis, expert testimony, and a strategic approach.

A skilled New York birth injury lawyer can guide families through the legal process, investigate potential claims, and pursue financial compensation to help cover medical care, rehabilitation, and other necessary support. If you believe your child suffered a birth injury due to medical negligence, legal consultation is critical to understanding your rights and options.

A birth injury is a harm sustained by a baby during labor and delivery. These injuries may be caused by medical mistakes, oxygen deprivation, physical trauma, or improper use of medical instruments. Some injuries heal over time, while others cause lifelong disabilities, requiring ongoing medical care and therapy.

Common causes of birth injuries include:

• Prolonged labor or delayed C-section.
• Failure to monitor and respond to fetal distress.
• Improper use of forceps or vacuum extraction.
• Oxygen deprivation leading to brain damage.
• Maternal infections that go undiagnosed or untreated.

Understanding the cause of a birth injury is essential to determining whether medical negligence played a role and whether legal action is possible. Consulting an experienced New York birth injury lawyer can help evaluate your case and guide you through the legal options available to seek compensation.

Common birth injuries include:

• Brachial plexus injuries: Damage to the network of nerves that control movement and sensation in the shoulder, arm, and hand. This injury can occur when excessive force is applied to the baby's head and neck during delivery, leading to conditions such as Erb’s palsy, which results in weakness or paralysis in the affected arm. In some cases, physical therapy can help improve movement, but severe cases may require surgery.
• Cerebral palsy: A group of disorders that affect movement, muscle tone, and posture due to damage to the developing brain. This can happen before, during, or shortly after birth due to oxygen deprivation, infections, or trauma. Symptoms vary but often include difficulty with coordination, muscle stiffness, and developmental delays. While there is no cure, treatments such as therapy, medication, and assistive devices can help improve function.
• Fractures: The most common birth-related fracture is to the clavicle (collarbone), which can occur during a difficult delivery, particularly in cases of shoulder dystocia, where the baby's shoulders get stuck behind the mother’s pelvic bone. Signs include limited arm movement on the affected side and tenderness. Most clavicle fractures heal on their own within a few weeks with minimal intervention.
• Hypoxic-ischemic encephalopathy (HIE): A type of brain injury that occurs when there is a lack of oxygen and blood flow to the brain. HIE can cause mild to severe neurological impairments, including developmental delays, seizures, and motor function difficulties. The severity of the condition depends on the duration of oxygen deprivation. Treatments such as therapeutic hypothermia (cooling therapy) may help reduce long-term damage if applied soon after birth.
• Caput succedaneum and cephalohematoma: These conditions involve swelling or bleeding under the scalp, typically due to prolonged labor or the use of vacuum extraction during delivery.
  • Caput succedaneum: Soft tissue swelling that crosses suture lines, usually resolving on its own within a few days.
  • Cephalohematoma: Bleeding between the skull bone and periosteum that does not cross suture lines. It may take weeks to resolve and, in some cases, can lead to complications such as jaundice or infection.

Early medical intervention can improve outcomes, but in cases involving medical negligence, legal action may be necessary to secure resources for long-term care.

If a birth injury happened because of medical negligence, parents may file a lawsuit. A doctor, nurse, hospital, or other healthcare provider may be responsible if they did not follow proper medical procedures. Under New York Public Health Law §2801-d, hospitals must provide competent medical care, and failure to do so can result in liability. Additionally, New York case law, such as Toth v. Community Hospital, 22 N.Y.2d 255 (1968), establishes that hospitals can be held responsible for negligent acts by their employees.

Toth v. Community Hospital involved twin infants who suffered permanent blindness after hospital nurses allegedly administered excessive oxygen, disregarding the pediatrician’s instructions. The trial court initially dismissed the claim against the hospital, but the appellate court reinstated it, ruling that hospitals have a duty to ensure their staff complies with physicians' directives. This decision established that hospitals cannot avoid liability when their employees deviate from prescribed medical care, even if the treatment itself aligns with general medical standards. The court emphasized that nurses must follow a physician’s orders and hospitals can be held accountable if they fail to ensure compliance. This case clarified the scope of hospital liability, distinguishing it from a doctor’s independent medical decisions.

To establish a valid medical malpractice claim, plaintiffs must prove:

1. Duty of Care: The healthcare provider owed a duty to follow accepted medical standards.
2. Breach of Duty: The provider deviated from standard medical practices.
3. Causation: The breach directly caused harm to the baby.
4. Damages: The child suffered physical, cognitive, or financial harm as a result.

A New York birth injury lawyer can assess the specific circumstances of your case and determine whether medical negligence occurred.

Potential defendants in a birth injury lawsuit may include:

• Hospitals and medical facilities: Employers can be held accountable for the actions of their staff under vicarious liability principles. This means that if a hospital employee, such as a nurse or resident doctor, makes a mistake leading to a birth injury, the hospital may also be responsible. Additionally, hospitals may face liability if they fail to maintain proper staffing levels, provide adequate training, or enforce patient safety protocols. For example, Bing v. Thunig, 2 N.Y.2d 656, 163 N.Y.S.2d 3, 143 N.E.2d 3 (N.Y. 1957) reinforced that hospitals have a duty to oversee the actions of their medical staff, and failure to do so can lead to liability. The plaintiff suffered severe burns during surgery due to an antiseptic applied by hospital-employed nurses, which ignited when the surgeon used a heated cautery. The nurses failed to inspect or remove contaminated sheets, despite being instructed to do so. The hospital argued that liability should be based on whether the act was “medical” or “administrative,” following the rule in Schloendorff v. New York Hospital. The court rejected this distinction, finding that hospitals must ensure their staff follows safety protocols. It held that the nurses’ failure to remove flammable materials was negligent and that hospitals cannot avoid liability by labeling staff actions as medical. This case reinforced that hospitals must take responsibility for their employees' negligence in patient care.
• Doctors and nurses: If a medical professional made an error that led to injury, they may be responsible. This includes mistakes such as improper use of forceps or vacuum extractors, failing to monitor fetal distress, administering incorrect medication, or not performing a timely C-section. If a doctor deviates from the accepted medical standard of care, they may be held liable for medical malpractice. However, in Kavanaugh v. Nussbaum, 71 N.Y.2d 535, 528 N.Y.S.2d 8, 523 N.E.2d 284 (N.Y. 1988) the court clarified that a physician who arranges for another doctor to cover for them is not vicariously liable for the covering doctor’s negligence. The jury found both Dr. Swenson, the covering physician, and Dr. Suteethorn, the hospital’s emergency room doctor, negligent in treating the plaintiff’s mother. However, the jury mistakenly imputed Dr. Swenson’s negligence to Dr. Caypinar, the original physician. The court reversed this, ruling that because there was no employer-employee or supervisory relationship between Dr. Caypinar and Dr. Swenson, Dr. Caypinar was not responsible for Dr. Swenson’s independent errors. However, Brookhaven Hospital was held liable for Dr. Suteethorn’s negligence under the doctrine of vicarious liability because Dr. Suteethorn was its employee. This case reaffirmed that hospitals can be held responsible for their staff’s negligence, but independent doctors covering for each other do not automatically share liability without direct supervision or control.
• Manufacturers of medical equipment: If a defective medical device caused harm, the manufacturer may be held responsible. This includes medical tools such as forceps, vacuum extractors, fetal monitors, and incubators that malfunction due to design flaws, manufacturing defects, or failure to provide adequate warnings about risks. Under product liability laws, manufacturers, distributors, and retailers of defective medical devices may be sued if their products contribute to birth injuries. If a defective medical device caused harm, the manufacturer may be held responsible. In In re Pelvic Mesh/Gynecare Litig., 426 N.J. Super. 167, 43 A.3d 1211 (App. Div. 2012), hundreds of plaintiffs sued Johnson & Johnson and Ethicon, Inc., alleging that their pelvic mesh products caused severe injuries, including chronic pain, infections, and organ perforation. The plaintiffs argued that the companies failed to warn about the risks and that the mesh was defectively designed. The FDA had issued warnings about complications linked to these products, further supporting the plaintiffs' claims. Although this litigation took place in New Jersey (and focused on transvaginal mesh rather than birth-related devices), it involved claims of defective design and inadequate warnings against multiple manufacturers. The court’s reasoning and rulings remain relevant to birth injury cases filed in New York and elsewhere, as they underscore how manufacturers may be held liable if their medical devices are found to be defective.

Each case is unique, and determining the responsible parties requires a thorough investigation. Consulting a New York birth injury lawyer can help families understand their legal options and identify liable parties.

The statute of limitations for birth injury cases in New York depends on the type of claim:

• Medical malpractice claims: Under CPLR §214-a, parents generally have 2 years and 6 months from the date of the malpractice to file a lawsuit. However, if the child is injured, the law may allow extra time under CPLR §213 until the child turns 10. But what if a baby is injured before birth? In LaBello v. Albany Medical Center Hospital, 85 N.Y.2d 701, 628 N.Y.S.2d 40, 651 N.E.2d 908 (N.Y. 1995), the court considered when the statute of limitations begins for a medical malpractice claim involving prenatal injuries. The defendants argued that the claim accrued at the time of the negligent act, which happened before the child’s birth. The court disagreed, concluding that a fetus lacks legal standing to bring a claim. Once the child is born alive, the claim becomes enforceable on that date. This ensures that infants injured before birth do not lose their right to seek compensation due to a limitations period that would have started before they were born.
• Product liability claims: If a defective medical device caused the injury, a claim must be filed within 3 years under CPLR §214.
• Wrongful death claims: If a birth injury led to death, the claim must be filed within 2 years under EPTL §5-4.1.

A New York birth injury lawyer can explain the deadlines that apply to a specific case and help ensure a claim is filed on time.

A birth injury lawsuit can seek compensation for:

• Medical expenses: Compensation can cover hospital bills, surgical procedures, medications, assistive devices, and ongoing medical care. This includes both past expenses incurred immediately after birth and future costs associated with long-term medical treatment, such as specialists, home nursing care, and adaptive medical equipment.
• Rehabilitation costs: Many birth injuries require extensive rehabilitation, including physical therapy to improve mobility, occupational therapy to enhance daily functioning, and speech therapy to address communication difficulties. These costs can add up significantly over a child's lifetime, and a lawsuit can seek damages to ensure continued access to necessary treatments.
• Lost earning potential: If a birth injury results in permanent disabilities or cognitive impairments that limit the child's ability to work in adulthood, compensation can be awarded for lost future earnings. This calculation considers factors such as expected career opportunities, education level, and the severity of the disability.
• Pain and suffering: Compensation may be awarded for the physical pain and emotional distress caused by the birth injury. This includes chronic pain, reduced quality of life, and the emotional toll on both the child and their family. Courts may also consider the psychological effects of the injury, such as anxiety, depression, and social limitations that arise from living with a disability.

Every case is different, and a New York birth injury lawyer can assess the potential damages in a specific case.

New York follows the collateral source rule under CPLR §4545, which allows defendants to request a reduction in damages if certain expenses have already been covered by insurance or another source. However, this does not guarantee a reduction in the total recovery, as only specific types of compensation are subject to offset. For an expense to be deducted, the payment must be for the same category of loss and must not require repayment by the plaintiff. Future medical expenses are generally not offset because they are speculative and not guaranteed to be covered by insurance. Additionally, punitive damages and non-economic damages, such as pain and suffering, are never subject to reduction under this rule. Courts carefully assess these factors to ensure that plaintiffs are not unfairly deprived of rightful compensation.

In Oden v. Chemung County IDA, 87 N.Y.2d 81 (1995), the court clarified how courts determine whether payments from other sources should reduce a plaintiff’s damages award under CPLR 4545(c). The key issue was whether any collateral source payment should reduce an award or only those that specifically correspond to a category of economic loss for which damages were awarded. The court ruled that a defendant can only offset payments that directly replace the same type of economic loss awarded by the jury.

In this case, the plaintiff's disability pension benefits reduced his lost pension award but did not offset his lost future earnings, as he could still earn income elsewhere. The ruling ensured that plaintiffs are not overcompensated but also that defendants do not receive unwarranted reductions for collateral payments unrelated to the damages awarded. The burden is on the defendant to prove a direct correspondence between the collateral source payment and the economic loss.

Q. What if I signed a consent form?

A. Signing a consent form does not mean a hospital or doctor is free from responsibility. If a medical professional acted negligently, they can still be held accountable.

Q. Do I need medical records to file a case?

A. Yes. Medical records are a key part of a birth injury lawsuit. They provide critical evidence regarding the mother's prenatal care, the labor and delivery process, and the baby's condition at birth. These records help establish whether a healthcare provider followed the accepted standard of care or if medical negligence occurred. In many cases, expert witnesses, such as obstetricians or neonatologists, review the medical records to identify deviations from proper medical procedures. Without these documents, it can be challenging to prove that a preventable error caused the birth injury.

Q. How long do birth injury cases take?

A. The time varies depending on the complexity of the case. Some cases settle quickly, while others go to trial and take years.

Q. Can I file a claim if the birth injury happened years ago?

A. It depends on how much time has passed. Some cases may still be eligible under certain exceptions that extend the filing deadline. Contacting an experienced birth injury attorney in New York as soon as possible is important to determine whether legal options are still available.

Q. What if my child’s condition gets worse over time?

A. If the injury leads to additional medical problems, it may impact the level of care and treatment required. In some cases, families may need to seek further medical evaluations to document the progression of the condition. Worsening symptoms could also affect the amount of compensation available in a legal claim.

Q. What is the role of medical experts in a birth injury lawsuit?

A. Medical experts play a critical role in birth injury lawsuits by evaluating medical records, providing opinions on whether the standard of care was met, and determining if negligence caused the injury. They may testify in court to explain complex medical issues in understandable terms. Experts such as obstetricians, neonatologists, and pediatric neurologists assess whether appropriate medical protocols were followed. Their testimony helps establish liability and the extent of harm suffered, which is essential in proving the case and securing compensation for the affected family.

Birth injuries change lives. If your child suffered harm due to medical negligence, we can help you pursue justice. Contact us an experienced birth injury attorney serving New York Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We serve accident victims and their families in the following locations: Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.