Birth Injury Lawyer Brooklyn, NY: What Parents Should Know

Reviewed by Alexander Karasik, Esq., Personal Injury Attorney | 18+ Years Experience | Super Lawyers 2021-2024 | Last Updated: May 2026

If your child suffered a birth injury due to medical negligence in Brooklyn or anywhere in New York, you may be entitled to substantial compensation, often $1 million to $30 million or more for severe cases. New York imposes no cap on non-economic damages, has the longest birth-injury statute of limitations in the country (until the child turns 10 in most cases), and produces some of the highest birth injury verdicts in the United States. Karasik Law Group recovered $350,000 for a single vacuum-delivery birth injury case and $2,150,000 for a related medical malpractice failure-to-diagnose case.

Common Types of Birth Injuries

Birth injuries range in severity from temporary to permanently life-altering. The most common include:

• Cerebral Palsy: Often caused by oxygen deprivation (hypoxia), birth trauma, or infection during delivery
• Hypoxic-Ischemic Encephalopathy (HIE): Brain damage from oxygen deprivation, often leading to cerebral palsy
• Erb’s Palsy and Klumpke’s Palsy (Brachial Plexus Injuries): Nerve damage from shoulder dystocia during delivery
• Perinatal Asphyxia: Lack of oxygen before, during, or just after birth
• Intracranial Hemorrhage: Bleeding in the brain, often from forceps or vacuum extraction injuries
• Cephalohematoma and Caput Succedaneum: Scalp injuries from delivery, usually resolve but can mask deeper injury
• Skull and Bone Fractures: Including clavicle fractures from difficult deliveries
• Facial Paralysis: Nerve damage from forceps or pressure during birth
• Spinal Cord Injuries: Rare but severe, from extreme pulling or rotation during delivery
• Wrongful Death: Stillbirth or neonatal death caused by negligence

NY Birth Injury Statute of Limitations: 10-Year Cap with Infancy Tolling

New York has one of the longest birth injury filing windows in the United States, governed by CPLR Section 208 (infancy tolling) and CPLR Section 214-a. The rules:

• Birth injury (medical malpractice): 30 months after the child turns 18, OR 10 years from the date of the negligence, whichever comes first
• Practical effect for newborn injuries: The 10-year cap from the malpractice date almost always applies, meaning parents have until the child’s 10th birthday to file
• Wrongful death from birth injury: 2 years from the date of death
• Government hospitals (NYC Health + Hospitals, state facilities): Notice of Claim within 90 days, then 1 year and 90 days for the lawsuit (NYC) or different timing for state hospitals

Even though parents have a long window, waiting hurts the case. Medical records become harder to obtain, witness memories fade, and life-care planning experts need years of treatment history to build accurate damage projections.

Karasik Law Group Birth Injury Case Results

Real case outcomes for Brooklyn families:

• $2,150,000: Medical malpractice failure to diagnose a critical condition
• $350,000: Birth injury involving vacuum-extraction delivery

Past results do not guarantee future outcomes. Birth injury verdicts vary widely based on severity, age of child, and life expectancy.

Birth Injury Settlement Ranges by Severity

Was Your Child’s Birth Injury Caused by Medical Malpractice?

Not every birth injury is malpractice. To prove a NY medical malpractice claim, you must establish:

1. The doctor or hospital owed a duty of care to mother and child
2. The standard of care was breached (deviation from accepted medical practice)
3. Causation: the breach directly caused the injury
4. Damages: the injury resulted in measurable harm

Common Forms of Birth Injury Malpractice

• Failure to monitor fetal heart rate during labor
• Delayed C-section despite fetal distress signs
• Improper use of forceps or vacuum extraction
• Failure to detect or respond to umbilical cord compression
• Failure to diagnose maternal infection (Group B Strep, chorioamnionitis)
• Mismanagement of shoulder dystocia (causing Erb’s palsy)
• Anesthesia errors during delivery
• Failure to recognize preeclampsia or eclampsia
• Improper medication during labor
• Failure to perform timely C-section for breech presentation

What Damages Can NY Parents Recover for a Birth Injury?

Birth injury damages in NY are uncapped (no statutory limit on non-economic damages) and typically include:

Economic Damages

• Past and future medical expenses (often the largest component)
• Lifetime care costs (nursing, therapy, in-home assistance, equipment)
• Special education and assistive technology
• Lost adult earning capacity (the child’s projected lifetime income)
• Home modifications (wheelchair access, lifts, modified bathrooms)
• Vehicle modifications
• Parental lost wages (for time spent caregiving)

Non-Economic Damages

• Pain and suffering of the child
• Loss of enjoyment of life
• Disfigurement
• Permanent disability
• Emotional distress

Wrongful Death Damages (if applicable)

• Funeral and burial expenses
• Loss of services (companionship of the child to the parents)
• Conscious pain and suffering before death

What to Do If You Suspect Birth Injury Malpractice

1. Get a complete copy of all medical records from the hospital, OB/GYN, and pediatrician. Records include fetal monitoring strips, delivery notes, anesthesia records, and post-delivery infant assessments.
2. Document everything: symptoms, milestones missed, doctor visits, therapy sessions, medications.
3. Get an early diagnosis. Birth injury manifestations may not be obvious until 6 to 24 months of age.
4. Photograph any visible injuries at birth and over time.
5. Avoid signing anything from the hospital related to the birth without legal review.
6. Do not give recorded statements to hospital risk management or insurance investigators.
7. Track all expenses: medical bills, equipment, therapy, modifications, lost wages.
8. Contact a Brooklyn birth injury attorney as early as possible for a free case evaluation. Cases require expert medical review, which takes time.

Why Hire Karasik Law Group for Your Brooklyn Birth Injury Case

At Karasik Law Group, our Brooklyn birth injury attorneys have approximately 19 years of experience handling NY medical malpractice cases. Led by Alexander Karasik, Esq., we work with leading medical experts in obstetrics, neonatology, and life-care planning to build comprehensive damages cases. We serve Brooklyn, Manhattan, Queens, the Bronx, Staten Island, and New Jersey.

Free Case Evaluation

We offer free consultations to review your medical records, evaluate the strength of your malpractice claim, and provide a realistic estimate of your case value. Birth injury cases follow the NY Judiciary Law 474-a sliding scale fee structure (30 percent on first $250K, decreasing to 10 percent over $1.25M). Read more about NY medical malpractice fees.

Frequently Asked Questions

How much is a birth injury settlement worth in New York?

NY birth injury settlements typically range from $500,000 to $5,000,000, with severe cerebral palsy or HIE cases producing verdicts of $10M to $40M+. Lifetime care for a severely disabled child can run $15M to $30M alone. Karasik Law Group has recovered $350,000 for a vacuum-delivery birth injury and $2,150,000 for a related malpractice case.

How long do I have to file a birth injury lawsuit in NY?

For most birth injury malpractice cases, parents have until the child’s 10th birthday to file under the 10-year cap in CPLR Section 214-a, combined with infancy tolling under CPLR Section 208. Wrongful death claims have a 2-year SOL from date of death. Government hospital cases require a Notice of Claim within 90 days.

Does NY cap birth injury damages?

No. New York imposes no statutory cap on non-economic damages (pain and suffering, loss of enjoyment of life) in medical malpractice cases. This is one reason NY birth injury verdicts consistently rank among the highest in the United States.

What causes most birth injuries?

The most common causes are oxygen deprivation during delivery (leading to HIE and cerebral palsy), excessive force during delivery (skull fractures, brachial plexus injuries), failure to monitor fetal distress, delayed C-sections, and improper use of forceps or vacuum extraction. Many of these are preventable with proper monitoring and timely intervention.

How can I tell if my child’s injury was caused by medical malpractice?

Birth injury malpractice is established by review of medical records, fetal monitoring strips, and delivery notes by a qualified medical expert. Signs that suggest malpractice include: failure to perform a timely C-section despite fetal distress, prolonged labor without intervention, improper use of delivery instruments, missed signs of maternal infection, or failure to follow established protocols. A free consultation with a Brooklyn birth injury attorney can determine if your case warrants expert review.

What is HIE and how is it caused?

Hypoxic-Ischemic Encephalopathy (HIE) is brain damage caused by oxygen deprivation around the time of birth. It is one of the leading causes of cerebral palsy. HIE often results from umbilical cord compression, placental abruption, prolonged labor, or failure to recognize fetal distress on the monitoring strip. HIE is detectable through MRI imaging within 7 to 10 days of birth.

Can I sue a NYC public hospital for a birth injury?

Yes, but the deadlines are much shorter. Claims against NYC Health + Hospitals (Bellevue, Kings County, Elmhurst, Woodhull, Lincoln, etc.) require a Notice of Claim within 90 days of the injury and the lawsuit within 1 year and 90 days. Missing either deadline almost always bars the claim. State hospitals require filing in the Court of Claims with separate timing.

How much does a birth injury lawyer cost in NY?

Birth injury cases follow NY’s medical malpractice sliding scale under Judiciary Law 474-a: 30 percent of the first $250,000 of recovery, 25 percent of the next $250,000, 20 percent of the next $500,000, 15 percent of the next $250,000, and 10 percent of any amount over $1.25 million. There are no upfront fees. You pay nothing unless the attorney recovers compensation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact a licensed attorney in your jurisdiction for case-specific guidance.