Pediatric Brain Injury Malpractice Claims NY

Determining whether malpractice occurred requires expert medical and legal review. Signs that medical negligence may have played a role include: your child’s condition worsening after treatment, an unexplained or unexpected injury following a medical procedure, healthcare providers refusing to answer questions about what happened, or a sudden life-altering diagnosis that experts say could have been detected or prevented with proper care. The best approach is to have an experienced medical malpractice attorney review your child’s medical records and consult with medical experts to determine if the standard of care was breached.

New York provides special protections for children injured by medical malpractice. The statute of limitations doesn’t begin running until the child turns 18 years old, giving them until age 20½ to file a claim. However, New York’s 10-year rule creates an absolute deadline—no claim can be filed more than 10 years after the malpractice occurred, regardless of the child’s age. This means parents may need to act on behalf of very young children before they reach adulthood. Because these rules can be complex, it’s essential to consult with an attorney promptly to understand your specific deadline.

Yes, pediatric brain injuries often aren’t fully recognized immediately because the developing brain may not show all deficits right away. The functional impact of traumatic brain injury in children can be different than in adults—symptoms may change and unfold over time as different regions of the brain develop. For example, frontal lobe damage may not become apparent until around age 10. New York’s statute of limitations for minors accounts for this by not starting the clock until age 18. However, the 10-year absolute rule still applies, so consultation with an attorney is important even if symptoms emerged gradually.

New York law allows families to pursue comprehensive compensation for all damages resulting from pediatric brain injury malpractice, with no cap on total damages. Economic damages include all past and future medical expenses, rehabilitation costs, assistive devices, home and vehicle modifications, lost parental wages, special education costs, and lifetime care expenses. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and diminished quality of life. In cases of gross negligence, punitive damages may also be awarded to punish egregious conduct and deter similar behavior.

Pediatric brain injury malpractice cases are among the most complex in law and typically take 2-4 years from filing to resolution, though some cases settle earlier and others may take longer if they go to trial. The timeline involves several phases: initial investigation and medical record review (2-6 months), filing the lawsuit and discovery process (12-18 months), expert witness depositions and trial preparation (6-12 months), and trial if no settlement is reached (1-3 weeks). Many cases settle during mediation before trial. While this may seem lengthy, experienced attorneys work to secure interim relief when possible and understand that thorough preparation is essential for maximum compensation.

Hypoxic-ischemic encephalopathy (HIE) is brain injury caused when oxygen or blood flow to the brain is reduced or stopped before, during, or shortly after birth. Research estimates HIE is fatal for 20-50% of infants, with 25-60% of survivors developing long-term neurological conditions. Not all HIE cases involve malpractice—some result from unavoidable complications. However, malpractice may have occurred if healthcare providers failed to recognize fetal distress, delayed ordering an emergency C-section, misused delivery instruments, or didn’t initiate therapeutic hypothermia (cooling treatment) within 6 hours of birth when appropriate. Expert review of fetal monitoring strips and medical records is essential to determine if proper standards of care were followed.

Medical experts consider kernicterus a “never event,” meaning it is entirely preventable with proper care. Kernicterus occurs when severe jaundice (high bilirubin levels) goes undiagnosed and untreated in newborns. Because approximately 60% of newborns develop jaundice, hospitals and providers have clear protocols to identify and manage at-risk infants. Simple blood tests measure bilirubin levels, and effective treatments (phototherapy and exchange transfusions) are readily available. When healthcare providers fail to test for, identify, and treat elevated bilirubin levels, causing a child to develop kernicterus and permanent brain damage, this typically constitutes medical malpractice. Notable New York settlements include a $6 million case where providers failed to properly monitor a 2-day-old baby’s bilirubin levels.

Cerebral palsy (CP) is a group of permanent movement disorders caused by abnormal brain development or damage to the developing brain, most commonly occurring before or during birth. It primarily affects muscle control, movement, and posture. Traumatic brain injury (TBI), by contrast, results from external physical trauma like a blow or jolt to the head. However, in pediatric malpractice cases, this distinction can blur—a child may develop cerebral palsy as a result of birth trauma (making it both CP and an injury from medical negligence). Approximately 9% of cerebral palsy cases result from birth asphyxia (oxygen deprivation), with the remaining 91% caused by factors like premature birth and complications. Both conditions may involve malpractice if caused by preventable medical errors.

Yes, parents can seek compensation for losses they experience as a result of their child’s brain injury. This includes lost wages from time taken off work to care for the injured child, travel expenses for medical appointments, out-of-pocket medical expenses, and emotional distress. Some cases also recognize loss of consortium (the loss of the parent-child relationship as it would have been without the injury). However, the majority of compensation in pediatric brain injury cases focuses on the child’s damages—their pain and suffering, medical needs, lost future earning capacity, and lifetime care requirements. A comprehensive case accounts for both the child’s needs and the family’s losses.

Therapeutic hypothermia, also called cooling treatment, is the first effective therapy established for neonates with hypoxic-ischemic encephalopathy (HIE). During this treatment, the infant’s brain and body are cooled to reduce further injury and help protect the brain from the effects of losing oxygen and blood flow. Research shows this treatment can reduce the likelihood of severe disability and death. However, timing is critical—therapeutic hypothermia must be initiated within the first 6 hours after birth to be effective. Healthcare providers should consider this treatment for newborns showing signs of HIE. Failure to recognize HIE symptoms and initiate cooling treatment when appropriate may constitute medical malpractice, as it deprives the infant of a proven intervention that could minimize long-term brain damage.

Children are particularly vulnerable to medication errors because dosing is based on their weight and age, their bodies metabolize drugs differently than adults, and small calculation errors can have devastating consequences. Brain injuries from medication errors occur through several mechanisms: overdosing can cause toxic effects on the developing brain; wrong medications may cause allergic reactions leading to anaphylactic shock and oxygen deprivation; failing to check for allergies can trigger severe reactions; and ototoxic drugs (medications that damage hearing) administered without proper monitoring can cause permanent auditory and neurological damage. Specific examples include administering adult doses to pediatric patients, confusing similar drug names, and transcription errors when transferring prescriptions between providers. These errors are preventable with proper verification protocols and attention to pediatric-specific dosing guidelines.

If you suspect your child suffered a brain injury due to medical malpractice, take these important steps: First, ensure your child receives appropriate medical care and follow-up with specialists who can assess and treat the injury. Second, obtain copies of all medical records related to the pregnancy, delivery, and subsequent care—you have a legal right to these records. Third, document everything including your observations of symptoms, conversations with healthcare providers, and the timeline of events. Fourth, do not sign any settlement releases or waivers from the hospital or providers without consulting an attorney. Fifth, contact an experienced pediatric medical malpractice attorney as soon as possible for a case evaluation. Most attorneys offer free consultations and work on contingency (no fees unless you win). Finally, be aware that while New York provides extended time for minors to file claims, prompt action helps preserve evidence and secure earlier compensation for your child’s ongoing needs.