Cerebral Palsy Birth Injury Lawsuits in New York

Yes. If a doctor, nurse, or hospital failed to meet the accepted standard of care during labor or delivery — such as by failing to respond to fetal distress, misusing forceps, or delaying a necessary c-section — and that failure caused your child’s cerebral palsy, you may have a valid medical malpractice claim. New York courts require expert medical testimony to establish that the care provided fell below the accepted standard.

New York's infancy toll under CPLR §208 generally pauses the statute of limitations for minors, and the standard medical malpractice period under CPLR §214-a is about two and a half years. In practice this often means a claim can be filed until around the child's 21st birthday, but the calculation is fact-specific and subject to outer limits. If the care was provided at a municipal or public hospital, a Notice of Claim must typically be filed within 90 days of the injury regardless of the child's age, which makes early legal review critical. Do not assume any particular deadline without having your specific facts reviewed by an attorney.

Cerebral palsy is often linked to oxygen deprivation (hypoxic-ischemic encephalopathy) or brain trauma during delivery. Common negligent acts include failure to monitor fetal heart rate, delayed response to umbilical cord complications, improper use of forceps or vacuum extractors, and unjustified delay in performing an emergency c-section. A birth injury attorney can work with medical experts to identify the specific cause in your child’s case.

A successful claim can recover damages for past and future medical care, adaptive equipment, home modifications, lost future earning capacity, and pain and suffering. New York does not cap medical malpractice damages for most plaintiffs. Compensation is determined by the severity of the injury and the lifetime cost of the care your child will require.