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.

Under CPLR §208, New York’s statute of limitations for medical malpractice is tolled (paused) for minors until they turn 18. The standard 2.5-year malpractice period then begins, meaning a claim can be filed up until the child’s 21st birthday. However, some defendants — such as municipal hospitals — require a Notice of Claim within 90 days, so consulting an attorney promptly is critical.

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.