Cerebral Palsy Malpractice Lawsuits in New York

Cerebral palsy linked to malpractice typically stems from oxygen deprivation during delivery, failure to perform a timely C-section, improper use of forceps or vacuum extractors, or failure to treat maternal infections. When a provider's negligence departs from accepted medical standards and causes brain damage, New York law allows a malpractice claim.

Under CPLR §214-a, the statute of limitations for medical malpractice in New York is 2.5 years from the date of the negligent act or from the end of continuous treatment by the same provider. For birth injuries, the clock generally starts at delivery, but tolling rules may apply for minors.

Yes. New York requires a certificate of merit filed within 90 days of the complaint, in which your attorney certifies that a licensed physician has reviewed the case and found a reasonable basis for the malpractice claim. Failure to file the certificate can result in dismissal of the lawsuit.

Recoverable damages include past and future medical expenses, lifetime 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, though punitive damages are rarely awarded.