Cerebral Palsy Lawsuit Cases in New York

Most cerebral palsy cases allege medical malpractice during labor and delivery—such as failure to monitor fetal distress, delayed C-section, or improper use of delivery instruments. To pursue a claim in New York, your attorney must file a certificate of merit within 90 days of the complaint, affirming that a licensed physician reviewed the case and found a reasonable basis for the lawsuit.

Under CPLR §214-a, New York’s medical malpractice statute of limitations is 2.5 years from the date of the negligent act or from the end of continuous treatment by the same provider. Critically, a special rule for infants tolls the statute until the child’s 18th birthday—meaning families may have until the child turns 20.5 to file, though earlier review is strongly advised while evidence and witnesses are available.

New York allows recovery for past and future medical expenses, lifelong care costs, lost earning capacity, pain and suffering, and loss of enjoyment of life. New York does not cap compensatory damages in medical malpractice cases, so awards reflect the full projected lifetime cost of the child’s disability. Punitive damages are rarely awarded in malpractice cases and require proof of egregious conduct.

Plaintiffs must establish four elements: (1) a doctor-patient relationship creating a duty of care; (2) deviation from the accepted standard of medical care; (3) that deviation directly caused the child’s cerebral palsy; and (4) quantifiable damages. Causation is often the most contested element, requiring expert testimony linking the provider’s specific conduct—such as delayed intervention during oxygen deprivation—to the resulting brain injury.