Cerebral palsy. Erb's palsy. Hypoxic-ischemic encephalopathy. Shoulder dystocia. Failure to perform a timely C-section. Birth injuries can result from fetal monitoring errors, delayed delivery decisions, or improper instrument use. New York gives a child until age 10 (or 2.5 years past 18 in some cases) to file — but evidence preservation needs to happen NOW.
Madison Law Firm PLLC · 579 5th Ave, 2nd Floor, New York, NY 10017
Complete labor and delivery records, fetal heart monitor strips, anesthesia records, neonatal ICU records, placenta pathology, cord-blood gas results, MRI/CT imaging. We send preservation letters within days.
Birth-injury cases involve life-care plans (lifetime medical care, special education, assistive technology). Damages projections can exceed $10M. Hospital carriers handle these specially.
Birth-injury trials are expert-intensive: maternal-fetal medicine, pediatric neurology, neuroradiology, life-care planning, vocational rehab, economics. We coordinate with med-mal trial co-counsel.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
NY infancy tolling under New York civil procedure rule 208 extends the medical-malpractice SOL for an injured infant. The 2.5-year SOL of New York civil procedure rule 214-a doesn't begin to run during infancy. The practical SOL for a birth-injury claim filed in the child's name is up to 10 years from the malpractice, depending on the cause of action. The parent's derivative loss-of-services claim follows the normal 2.5-year SOL.
If a birth injury was diagnosed late or misdiagnosed (e.g., HIE classified as something else), Lavern's Law (effective 2018) can extend the SOL based on the discovery date, capped at 7 years from the malpractice.
NYC Health + Hospitals (HHC) hospitals — Bellevue, Elmhurst, Kings County, Jacobi, Metropolitan, etc. — require a 90-day notice of claim. The parent (as natural guardian) files for the injured infant. Call us immediately if the delivery was at an HHC facility.
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