NYC Birth Injury Lawyer

Attorney Michael Gunzburg

When To Hire a Birth Injury Lawyer in New York City?

You need a birth injury lawyer if your child suffered harm during pregnancy, labor, or delivery that could have been prevented with proper medical care. Common situations include cerebral palsy from oxygen deprivation during delivery, Erb's palsy or brachial plexus injuries from excessive pulling during birth, brain damage from unrecognized or untreated fetal distress, fractures or nerve damage from improper use of forceps or vacuum extractors, infections from unsanitary conditions or delayed C-sections, hypoxic-ischemic encephalopathy (HIE) from prolonged oxygen loss, and developmental delays or seizure disorders from preventable complications. These cases happen across all five boroughs, from hospital delivery rooms in Midtown Manhattan to birthing centers in Brooklyn Heights, teaching hospitals in Flushing, community hospitals in Fordham, and private practices in St. George. If your baby's Apgar scores were low, your labor was unusually long without intervention, or your child has developmental problems that doctors cannot fully explain, you may have a birth injury claim.

What to Expect When You Hire Our Birth Injury Lawyer

Free Case Evaluation and Medical Record Review

We review your prenatal records, labor and delivery notes, fetal monitoring strips, hospital charts, and your child's medical evaluations at no cost to determine if negligence caused your child's injuries.

Consultation with Specialized Medical Experts

Our team retains board-certified obstetricians, maternal-fetal medicine specialists, neonatologists, pediatric neurologists, and life care planners who analyze whether your medical team met the standard of care and how your child's condition impacts their future needs.

Investigation of All Potential Defendants

We identify every party whose negligence may have contributed, the delivering obstetrician, attending nurses, anesthesiologist, hospital staff, midwives, and the hospital itself for inadequate protocols, staffing, or supervision.

Life Care Planning for Future Needs

Birth injuries often require decades of medical care, therapy, special education, adaptive equipment, and home modifications. We work with life care planners and economists to calculate the full cost of your child's lifetime needs.

Aggressive Pursuit of Maximum Compensation

We fight for settlements or verdicts that cover past and future medical expenses, therapy and rehabilitation, special education costs, lost earning capacity, pain and suffering, loss of quality of life, and in some cases, punitive damages for reckless conduct.

Benefits of Hiring Michael Gunzburg, P.C. for Your Birth Injury Case

Lifetime Financial Security for Your Child's Medical Care and Support

Birth injuries like cerebral palsy, brain damage, and Erb's palsy require ongoing medical treatment, physical therapy, occupational therapy, speech therapy, mobility devices, home health aides, and specialized education that can cost millions over a lifetime. We don't settle for amounts that only cover a few years of expenses. Our settlements are structured to provide your child with financial security for their entire life, ensuring they receive the care and support they need whether they live to age 20 or 80.

Proven Results, $20 Million Structured Settlement for Cerebral Palsy Case

We secured a $20 million structured settlement for a family whose infant was born brain damaged with cerebral palsy when their New York City doctor botched the delivery. This landmark result demonstrates our ability to handle the most complex birth injury cases and achieve outcomes that truly change families' lives. We've also represented numerous other families in birth injury cases, consistently recovering substantial compensation that addresses both immediate needs and long-term care.

No Upfront Costs, You Pay Nothing Unless We Win Your Case

Birth injury cases require enormous resources, expert witnesses can cost $50,000-$100,000 or more, medical record analysis is extensive, and litigation against hospitals and their insurance companies is expensive. We advance all costs on a contingency fee basis, so your family never pays attorney fees or case expenses unless we recover compensation for you. This allows you to focus on your child's care while we handle the legal battle.

Compassionate Representation That Protects Your Family's Dignity and Privacy

We understand the emotional trauma of learning your child's injury was preventable. Many families feel guilt, anger, and grief while simultaneously caring for a child with significant medical needs. We treat every family with compassion and respect, protect your privacy throughout the litigation, and never lose sight of the fact that behind every case is a child who deserves justice and a family that needs support. Clients tell us they felt heard, supported, and confident that we genuinely cared about their child's future.

Expert Medical Testimony to Prove How Negligence Caused Your Child's Injury

Winning a birth injury case requires proving that your medical team deviated from accepted standards of care and that this negligence directly caused your child's injuries. We retain respected medical experts, obstetricians who testify about proper labor management, neonatologists who explain how oxygen deprivation causes brain damage, pediatric neurologists who connect the birth trauma to cerebral palsy or developmental delays, and maternal-fetal medicine specialists who identify failures in high-risk pregnancy management. These experts review fetal monitoring strips line by line, analyze every decision made in the delivery room, and provide credible testimony that meets New York's rigorous legal standards.

Frequently Asked Questions About Birth Injury in New York City

What is the difference between a birth injury and a birth defect?

A birth injury results from trauma or oxygen deprivation during labor and delivery that causes harm to the baby, such as cerebral palsy from a prolonged difficult delivery, Erb's palsy from excessive pulling on the baby's shoulders, or brain damage from unrecognized fetal distress. These injuries are often preventable with proper medical care. A birth defect, by contrast, is a structural or functional abnormality present from conception or early pregnancy, like congenital heart defects, cleft palate, or Down syndrome, that develops before birth regardless of how delivery is managed. Birth defects are generally not caused by medical negligence, though doctors may be liable if they failed to properly diagnose a defect or inform parents of risks. The distinction matters because only preventable birth injuries caused by substandard care support malpractice claims.

How do I know if my child's birth injury was caused by medical negligence?

Signs that medical negligence may have caused your child's birth injury include prolonged labor without appropriate intervention or C-section, failure to recognize or respond to fetal distress visible on monitoring strips, improper use of forceps or vacuum extractors causing skull fractures or nerve damage, delayed response to umbilical cord prolapse or placental abruption, failure to diagnose or treat maternal infections that spread to the baby, medication errors during labor, inadequate resuscitation after birth, and low Apgar scores at 1 and 5 minutes without adequate explanation. If your child was diagnosed with cerebral palsy, seizure disorders, developmental delays, or brain damage and you experienced any complications during delivery, you should have medical records reviewed by experts. Not every bad outcome is malpractice, childbirth carries inherent risks, but if a reasonably competent obstetrician would have managed your delivery differently, you likely have a claim.

What is the statute of limitations for birth injury cases in New York?

Birth injury cases in New York have special statute of limitations rules that differ from other medical malpractice cases. Generally, you have until the child's 10th birthday to file a lawsuit for injuries that occurred at birth. However, this 10-year period can be extended in some circumstances, and shorter deadlines may apply if you're suing a public hospital like those run by NYC Health + Hospitals (requiring a 90-day Notice of Claim). For wrongful death cases where a child dies from birth injuries, different rules apply. Because these deadlines are complex and missing them destroys your case permanently, you should consult a birth injury lawyer as soon as you suspect negligence, even if your child is still an infant. Early consultation also allows us to preserve evidence, interview witnesses while memories are fresh, and begin building your case.

What types of birth injuries are most common in New York hospitals?

The most frequent birth injuries we see include cerebral palsy from oxygen deprivation during prolonged or difficult deliveries, Erb's palsy and brachial plexus injuries from excessive pulling on the baby's head and shoulders during shoulder dystocia, brain damage and hypoxic-ischemic encephalopathy (HIE) from failure to respond to fetal distress, fractures of the clavicle, skull, or other bones from forceps or vacuum extractor misuse, infections like Group B strep or meningitis from delayed treatment, intracranial hemorrhages from traumatic delivery, and facial nerve damage from forceps placement. Teaching hospitals in New York sometimes see preventable injuries when inexperienced residents manage high-risk deliveries without adequate supervision. These injuries range from mild and temporary to severe and permanent, affecting motor function, cognitive development, speech, vision, and overall quality of life.

How much compensation can I receive for my child's birth injury?

Birth injury settlements and verdicts vary widely depending on the severity and permanence of your child's injuries, their life expectancy, and the strength of evidence proving negligence. Our $20 million structured settlement for a cerebral palsy case demonstrates the significant value of cases involving permanent disability requiring lifetime care. Economic damages include all past and future medical expenses (surgeries, therapy, medications, medical equipment, home modifications), special education costs, lost earning capacity if your child cannot work as an adult, and the cost of lifetime care attendants if needed. Non-economic damages compensate for your child's pain and suffering, loss of quality of life, and inability to engage in normal childhood activities. New York doesn't cap medical malpractice damages except in limited circumstances. During your free consultation, we can evaluate your child's specific injuries and care needs to provide a realistic assessment of your case's potential value.

Can I sue if my doctor says the injury was unavoidable?

Yes. Doctors and hospitals routinely claim that birth injuries were "unavoidable complications" or "unfortunate but unpreventable" rather than the result of negligence. Don't accept these explanations at face value, they're often made to discourage lawsuits. Our experts analyze whether the injury was truly unavoidable or resulted from failures to properly monitor your pregnancy, recognize risk factors, respond to fetal distress, perform a timely C-section, use delivery instruments properly, or manage complications appropriately. Even if you had a high-risk pregnancy or pre-existing conditions, your medical team still owed you a duty to meet the standard of care. If they failed to adjust their management for your specific risks, or if a reasonably competent physician would have achieved a better outcome, you may have a valid claim regardless of what your doctor now says about inevitability.

Will filing a lawsuit affect my child's ongoing medical care?

No. Your child's current doctors and therapists will continue to provide care regardless of whether you file a lawsuit. The lawsuit is separate from your child's treatment. In fact, many families find that securing a substantial settlement or verdict improves their child's access to care by providing funds for specialists, therapies, and equipment that insurance doesn't fully cover. We protect your privacy throughout the litigation, medical records are reviewed confidentially by our experts, and most cases settle before trial. If your case does go to trial, court proceedings are public, but we work to minimize unnecessary disclosure of sensitive medical information. The doctors and hospital being sued are typically defendants in many malpractice cases and continue providing care to other patients, they understand this is a legal matter separate from ongoing medical relationships.

How long do birth injury cases take in New York?

Most birth injury cases take 3-5 years from filing to resolution, though timelines vary significantly. Simple cases with clear liability and severe permanent injuries sometimes settle within 2-3 years if defendants recognize their exposure. Complex cases involving disputed causation, such as whether cerebral palsy resulted from delivery negligence or unrelated prenatal factors, can take 5-7 years through trial and appeals. Birth injury litigation is particularly intensive: we must review extensive prenatal and delivery records, depose multiple medical providers, retain several expert witnesses (obstetricians, neonatologists, neurologists, life care planners), conduct pediatric examinations and evaluations, and sometimes wait until your child is older to fully assess the extent of developmental delays or disabilities. Many cases settle during court-ordered mediation or as trial approaches when defendants face compelling expert testimony. We keep you informed throughout and never settle without your approval, ensuring any settlement truly meets your child's lifetime needs.

Areas We Serve

Michael Gunzburg, P.C. represents families with birth-injured children throughout New York City, including all five boroughs. We handle cases in Manhattan (including Midtown, the Upper East Side, and Murray Hill where many major hospitals are located), Brooklyn (including Brooklyn Heights, Park Slope, and areas near SUNY Downstate and Maimonides), Queens (including Flushing near New York-Presbyterian Queens and Jamaica Hospital), the Bronx (including Fordham near Montefiore Medical Center and areas around Jacobi Medical Center), and Staten Island (including St. George and surrounding communities). We also serve clients in Nassau and Suffolk Counties and throughout New York State.

Other Medical Malpractice Services We Offer

• Failure to Diagnose Cancer (Breast, Vulvar, Other Cancers)
• Birth Injuries and Cerebral Palsy
• Anesthesia Errors
• Misdiagnosis and Delayed Diagnosis
• Hospital Negligence
• Surgical Mistakes

Schedule Your Free Consultation

If your child suffered a birth injury, you need answers about what happened and whether it could have been prevented. The medical records are complex, the legal deadlines are strict, and hospitals have experienced defense lawyers protecting their interests from day one. You deserve an advocate who will fight just as hard for your child. Michael Gunzburg, P.C. offers a free, no-obligation consultation to review your case, explain your legal options, and answer your questions. You pay nothing unless we recover compensation for your child. Call 212-725-8500 today or contact us online. Let us help you secure your child's future and hold negligent medical providers accountable.