Can You Sue for Cerebral Palsy in New York?

A cerebral palsy lawsuit in New York is grounded in medical malpractice when a provider’s negligence—such as failing to detect fetal distress, misusing forceps or vacuum extractors, or delaying a necessary C-section—caused preventable brain injury. You must show that the provider deviated from the accepted standard of care and that the deviation directly caused the child’s condition. Expert medical testimony establishing both elements is required under New York law.

New York's medical malpractice statute of limitations under CPLR §214-a is 2.5 years from the date of the negligent act or from the end of continuous treatment by the same provider. For a minor, CPLR §208 pauses this clock during infancy — but unlike the standard infancy toll for other injury types, this pause is capped at 10 years from the date of the malpractice. Because a birth injury occurs at delivery, this generally means families must file before the child's 10th birthday, not later. If the delivery occurred at a public hospital, a separate 90-day Notice of Claim deadline also applies and is not extended by the child's age. Because these deadlines can pass well before a family expects, consulting an attorney as early as possible is critical.

Yes. Under CPLR §3012-a, you must file a certificate of merit within 90 days of service of the complaint, attesting that an attorney has consulted with at least one physician who has reviewed the facts and concluded there is a reasonable basis for the claim. If no qualified expert can be secured in time, the court may grant an extension on good cause, but the requirement cannot be waived entirely.

A successful New York cerebral palsy malpractice claim can recover economic damages—including lifetime medical care, therapies, assistive devices, lost future earning capacity, and home modifications—as well as non-economic damages for pain, suffering, and loss of enjoyment of life. New York does not cap non-economic damages in medical malpractice cases, unlike many other states, which can make recovery substantial for severe, lifelong injuries.