Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Birth injury law covers legal claims that arise when a newborn is harmed during pregnancy, labor, delivery, or immediately after birth. In Buffalo, New York, birth injury claims are most often pursued as medical malpractice or negligence cases. These claims focus on whether health care providers met accepted standards of care and whether a failure to meet those standards caused the infant harm. Common birth injuries include hypoxic-ischemic encephalopathy, brachial plexus injuries, skull fractures, neonatal stroke, infections caused by delayed treatment, and other conditions that may lead to long-term disability.
Because birth injuries can have life-long medical, educational, and caregiving consequences, families often seek legal help to secure compensation for medical expenses, ongoing care, adaptive equipment, lost future earnings, and pain and suffering. Local hospitals, private practitioners, and public health entities in the Buffalo area are all subject to New York state law and local court procedures, so cases typically follow state rules while being filed in Erie County courts when pursued locally.
Birth injury cases are legally and medically complex. These are common reasons families look for an attorney:
- To determine whether the health care you received fell below the accepted standard of care and whether that failure caused your child’s injury. This generally requires medical expertise and expert witnesses.
- To gather and preserve critical evidence, including medical records, fetal monitoring strips, delivery notes, imaging studies, and nursing logs. Records can be altered or lost over time, so early action matters.
- To calculate full past and future damages. Birth injuries often require life-care planning, projection of future medical and therapy costs, and assessment of lost earning capacity. An attorney works with experts to quantify these losses for settlement or trial.
- To navigate procedural requirements and deadlines, such as statute of limitations, notice-of-claim rules if a public hospital or government employee is involved, and court filing rules in Erie County.
- To manage interactions with insurers, hospitals, and opposing counsel, and to negotiate settlements that account for future care needs and public-benefit liens.
- To represent you in litigation if settlement is not possible, including juried trials that require specialized preparation and expert testimony.
Birth injury claims in Buffalo are governed primarily by New York state law and are typically litigated in Erie County courts. Important legal principles and local considerations include:
- Statute of limitations and timing: New York has relatively short filing deadlines for medical malpractice claims. Although exact timing can vary depending on when the injury was discovered and whether the injured party is a minor, families should consult counsel promptly because missed deadlines can bar recovery.
- Requirement of expert proof: New York courts generally require medical expert testimony to establish both breach of the standard of care and causation in a birth injury case. Expert reports and affidavits are commonly used to support a claim.
- Notice and pre-suit requirements: If the claim involves a public hospital or a government-employed provider, special notice-of-claim rules and shorter deadlines may apply. These procedural steps are different from private provider cases and must be followed exactly.
- Filing location and court rules: Most birth injury lawsuits are filed in New York State Supreme Court at the county level, which for Buffalo is Erie County Supreme Court. Local court rules and filing procedures will apply.
- Damages and settlement planning: Recoverable damages often include past and future medical expenses, therapy and rehabilitation, assistive devices, home modifications, pain and suffering, and loss of earning capacity. Careful settlement planning is important to preserve public benefits such as Medicaid and SSI, and to address potential liens.
- Special rules for minors: Children injured at birth may have tolling or special deadlines for filing claims, but exceptions and absolute time limits may apply. A lawyer can evaluate how these rules affect your case.
A birth injury is any physical harm to a newborn caused by events around pregnancy, labor, delivery, or immediate postnatal care. This includes injuries from lack of oxygen, trauma during delivery, improper use of instruments, delayed diagnosis or treatment of infections, and errors in administering medications. Birth defects present at conception are generally not considered birth injuries unless medical care contributed to additional harm.
Time limits can be short and depend on specifics such as the date the injury was discovered and whether the defendant is a private provider or a public entity. New York’s medical malpractice deadlines generally require prompt action. If your child was injured at birth, contact an experienced attorney quickly to determine applicable deadlines and preserve your rights.
Yes. Establishing liability in a birth injury case usually requires one or more medical experts to explain the standard of care, how the provider departed from it, and how that departure caused the injury. Expert testimony is central to proving malpractice in New York courts.
Typically the child (through a guardian or parent) can file a claim for injuries suffered at birth. Parents may also bring claims for related losses, such as loss of consortium. If the infant died, the child’s legal representative or parents may have wrongful death and survival claims depending on state rules.
Yes. Plaintiffs commonly name both the hospital and individual providers such as physicians, nurses, or midwives as defendants when appropriate. Whether each party can be held liable depends on their role and whether they breached the standard of care.
Each case is unique. Value depends on the severity and permanency of the injury, current and future medical and therapy costs, need for ongoing caregiving, lost earning capacity, and pain and suffering. Life-care plans and economic projections prepared by experts help determine a realistic range for settlement or trial damages.
Discovery can affect the filing deadline, but it does not guarantee you can delay. Some rules allow the statute of limitations to run from the date of discovery of the injury, while other rules impose an absolute cap from the date of the alleged negligent act. Speak with counsel promptly if an injury is discovered later.
Preserve medical records by asking for copies, keep a detailed timeline of events and symptoms, photograph any visible injuries, note names of treating staff, seek independent medical evaluation, avoid posting details on social media, and contact an experienced birth injury attorney for early guidance.
Pursuing a claim is a legal step to address harm and secure future care for your child. While it may affect personal relationships with providers, the primary goal is to ensure accountability and to obtain resources needed for the child’s long-term wellbeing. Many legal professionals try to resolve cases through negotiation before litigation becomes public.
Most birth injury attorneys represent clients on a contingency-fee basis, meaning the lawyer is paid a percentage of any recovery through settlement or trial. There are usually no upfront fees for investigations, but you should ask about fee percentages, costs advanced for experts, and how costs are handled if there is no recovery.
When seeking legal help and support in Buffalo, these organizations and agencies may be useful:
- New York State Department of Health
- New York State Office of Professional Medical Conduct
- Erie County Clerk and Erie County Supreme Court for filing information
- Erie County Bar Association lawyer referral services
- New York State Bar Association - health law and medical malpractice sections
- March of Dimes - support and information on birth injuries and prevention
- Brain Injury Association of New York State
- Cerebral Palsy associations and local family support organizations
- Local hospitals patient relations departments and hospital grievance procedures
- Social services and benefits offices for Medicaid, Supplemental Security Income, and early intervention services
If you believe your child suffered a birth injury and you are in the Buffalo area, consider the following practical next steps:
- Preserve medical records immediately. Request copies of prenatal, delivery, and newborn medical records, fetal monitoring strips, nursing notes, and imaging studies.
- Document what happened. Write a detailed timeline of events, symptoms, conversations with providers, and the names of clinicians involved.
- Seek medical evaluation and ongoing care for your child to document injuries and treatment needs.
- Contact an attorney experienced in birth injury and medical malpractice. Ask about their experience with cases like yours, their use of medical experts, and fee structure. Early consultation is free in many offices and can protect your rights.
- If a public hospital or government provider is involved, ask your lawyer about notice-of-claim requirements and any special filing deadlines.
- Discuss life-care planning and benefits protection with your attorney to ensure any recovery is structured to preserve public benefits and cover long-term needs.
Birth injury cases require careful legal and medical investigation. Prompt action can protect evidence and your ability to seek compensation. An experienced Buffalo attorney can explain your options, evaluate the strength of your claim, and help you move forward in a way that protects your child’s health and future.
