When a premature infant suffers a preventable brain injury due to medical negligence during delivery or neonatal care, families face overwhelming emotional and financial burdens. Premature babies are particularly vulnerable to brain injuries such as intraventricular hemorrhage (IVH) and periventricular leukomalacia (PVL), conditions that can result in lifelong disabilities including cerebral palsy, developmental delays, and cognitive impairments.
If your premature baby sustained a brain injury that you believe resulted from substandard medical care, you may have grounds for a medical malpractice lawsuit. This page explains the legal options available to New York families, the types of brain injuries affecting premature infants, and how to pursue compensation for your child’s injuries.
Key Takeaways
- High vulnerability: Premature infants under 32 weeks gestation have a 15-40% risk of developing intraventricular hemorrhage due to fragile brain blood vessels.
- Preventable injuries: Many premature brain injuries result from medical negligence including delayed C-sections, inadequate monitoring, and failure to administer protective steroids.
- Substantial compensation: New York birth injury verdicts and settlements have reached tens of millions of dollars to cover lifetime medical care and support.
- Extended timelines: New York law allows birth injury claims to be filed up to 10 years after the injury or 30 months after the child turns 18, whichever comes first.
- No upfront costs: Birth injury attorneys typically work on contingency, meaning families pay no legal fees unless compensation is recovered.
What Types of Brain Injuries Affect Premature Babies?
Premature infants are at significantly higher risk for brain injuries compared to full-term babies because their brain structures are still developing and particularly fragile. The two most common types of brain injuries in premature babies are intraventricular hemorrhage and periventricular leukomalacia.
Intraventricular Hemorrhage (IVH)
Intraventricular hemorrhage occurs when bleeding develops in the brain’s ventricles or the surrounding germinal matrix. According to research published by the National Center for Biotechnology Information, the worldwide prevalence of IVH ranges from 3.70% to 44.68%, with an overall incidence of approximately 36.2% in very premature infants.
The incidence of IVH correlates directly with gestational age and birth weight. Emory School of Medicine reports that 15-40% of infants born before 32 weeks gestation or weighing less than 1,500 grams will develop IVH. For the smallest babies weighing less than 1,000 grams, the incidence increases to 45%.
IVH Severity Grading
Medical professionals classify IVH into four grades based on severity. Grade I involves hemorrhage limited to the germinal matrix. Grade II includes IVH without ventricular enlargement. Grade III involves IVH with ventricular dilatation occupying more than 50% of the ventricle. Grade IV, the most severe, includes intraparenchymal hemorrhage extending into brain tissue. Grades III and IV are considered severe and carry the highest risk of long-term neurological damage.
Periventricular Leukomalacia (PVL)
Periventricular leukomalacia involves damage to the white matter tissue surrounding the brain’s ventricles. This condition results from insufficient oxygen or blood flow to vulnerable brain regions. PVL frequently occurs alongside IVH, and research indicates that in cases where infants died from IVH complications, PVL was present in 75% of cases.
The primary mechanisms underlying PVL relate to ischemia (inadequate blood flow) and inflammation. Maternal infections during pregnancy or postnatal sepsis significantly increase the risk of PVL. These conditions often coexist with oxygen deprivation and can intensify each other’s damaging effects on developing brain tissue.
What Causes Brain Injuries in Premature Infants?
Understanding the causes of premature infant brain injuries is essential for determining whether medical negligence played a role. While some risk factors are unavoidable consequences of prematurity, many brain injuries result from preventable medical errors or substandard care.
Inherent Vulnerabilities of Premature Babies
Premature infants face unique physiological challenges that make them susceptible to brain injuries. The germinal matrix, a region of fragile capillaries lining the brain’s ventricles, is especially vulnerable in babies born before 33 weeks. These blood vessels lack the structural support proteins found in mature vessels, making them prone to rupture under stress.
According to medical research, approximately 50% of IVH cases occur on the first day of life, and 90% develop by the third day. This critical window reflects the dramatic physiological stress premature infants experience when suddenly transitioning from the controlled uterine environment to intensive care conditions requiring life support.
Medical Risk Factors
Several maternal and neonatal factors increase the risk of brain injury in premature infants:
- Gestational age under 32 weeks: The shorter the gestation period, the higher the risk of brain hemorrhage and white matter damage.
- Birth weight under 1,500 grams: Extremely low birth weight correlates with increased IVH incidence.
- Absence of antenatal steroids: Failure to administer corticosteroids to mothers at risk of premature delivery increases the baby’s vulnerability.
- Maternal infections: Chorioamnionitis and other infections can trigger inflammatory responses damaging fetal brain tissue.
- Respiratory distress: Premature infants requiring mechanical ventilation face elevated risks of brain bleeding.
- Hypoxemia and hypercapnia: Inadequate oxygen levels or excessive carbon dioxide can damage vulnerable brain regions.
- Blood pressure instability: Fluctuations in blood pressure can cause fragile brain vessels to rupture.
- Early sepsis: Postnatal infections increase the risk of both IVH and PVL.
Oxygen Deprivation
Inadequate oxygen delivery to the brain, whether from delayed emergency delivery, equipment failure, or improper ventilator management, can cause devastating brain damage in premature infants.
Birth Trauma
Improper use of delivery instruments, excessive force during delivery, or mismanaged breech births can directly cause brain bleeding, particularly in fragile premature infants.
Infection Complications
Untreated maternal infections like chorioamnionitis or failure to prevent postnatal sepsis can trigger inflammatory responses that damage developing brain tissue and increase hemorrhage risk.
How Does Medical Negligence Lead to Premature Brain Injuries?
While prematurity itself carries inherent risks, many brain injuries are preventable when healthcare providers follow established standards of care. Medical malpractice occurs when doctors, nurses, or hospitals fail to provide the level of care that a reasonably competent medical professional would provide under similar circumstances.
Failure to Prevent Premature Birth
In some cases, healthcare providers fail to identify or properly manage conditions that lead to premature labor. This includes missing signs of preeclampsia, failing to treat maternal infections promptly, or not implementing interventions to delay delivery when medically possible. When premature birth is inevitable, failing to administer antenatal steroids to accelerate fetal lung development constitutes a serious breach of care standards.
Delayed Emergency Delivery
One of the most common forms of negligence involves failing to perform a timely cesarean section when fetal distress indicators appear. Electronic fetal monitoring can detect concerning patterns such as decelerations, decreased variability, or abnormal heart rate patterns. When medical staff fail to recognize these warning signs or delay the decision to perform an emergency C-section, oxygen deprivation can cause permanent brain damage.
According to recent litigation data, delayed cesarean delivery cases have resulted in some of the largest birth injury verdicts, with awards exceeding $100 million in cases involving severe brain damage and cerebral palsy.
Inadequate Neonatal Monitoring
Premature infants in neonatal intensive care units require continuous monitoring of vital signs including heart rate, oxygen saturation, respiratory rate, blood pressure, and temperature. Medical standards emphasize that failure to provide adequate monitoring care in NICUs would likely constitute a breach of the standard of care.
When medical staff fail to properly monitor premature infants, they may miss critical warning signs of impending brain injury such as apnea episodes, bradycardia, oxygen desaturation, or blood pressure fluctuations. Research indicates that more than 50% of apnea and bradycardia events in hospital environments go undetected, representing serious gaps in monitoring protocols.
Critical Monitoring Window
The first 72 hours after birth represent the highest-risk period for intraventricular hemorrhage in premature infants. Medical teams must maintain vigilant monitoring during this window and respond immediately to any concerning changes in vital signs or neurological status. Failure to detect and respond to early bleeding signs can allow minor hemorrhages to progress to severe, life-threatening brain injuries.
Improper Ventilator Management
Many premature infants require mechanical ventilation to support breathing. Improper ventilator settings, failure to adjust oxygen levels appropriately, or delayed response to respiratory distress can cause hypoxemia or hypercapnia, both of which increase the risk of brain hemorrhage and ischemic injury.
Failure to Administer Preventive Treatments
Medical research has identified several interventions that reduce the risk of brain injury in premature infants. These include delayed cord clamping for 30-180 seconds, prophylactic indomethacin administration, maintaining head-midline positioning, and implementing care bundles designed to minimize stress and blood pressure fluctuations.
When healthcare providers fail to implement evidence-based preventive measures, and brain injury results, this may constitute medical negligence. Hospitals and physicians have a responsibility to stay current with medical research and implement protocols proven to protect vulnerable premature infants.
What Are the Long-Term Effects of Premature Brain Injuries?
The consequences of brain injuries sustained during the premature period can range from mild developmental delays to severe, lifelong disabilities requiring comprehensive medical care and support services.
Cerebral Palsy
Cerebral palsy represents one of the most common long-term consequences of premature brain injury. This group of neurological disorders affects movement, muscle tone, and posture. Children with cerebral palsy may experience spastic movements, difficulty walking, impaired fine motor skills, and challenges with balance and coordination. The severity varies widely, with some children able to walk independently while others require wheelchairs and extensive physical assistance.
Cognitive Impairments
Brain injuries affecting white matter or causing extensive hemorrhage can lead to intellectual disabilities, learning disorders, and memory problems. Children may struggle with academic achievement, problem-solving skills, and processing information. Some children require specialized educational support throughout their school years and beyond.
Developmental Delays
Many children with premature brain injuries experience delays in reaching developmental milestones such as sitting, crawling, walking, and talking. While some children eventually catch up with intensive therapy, others continue to lag behind their peers in multiple developmental domains.
Seizure Disorders
Brain hemorrhages and ischemic injuries increase the risk of epilepsy. Seizure disorders can begin in infancy or emerge later in childhood, requiring ongoing medication management and monitoring.
Vision and Hearing Problems
Depending on which brain regions sustained damage, children may develop visual impairments including cortical visual impairment or hearing loss. These sensory deficits can further compound developmental and learning challenges.
| IVH Grade | Severity Level | Long-Term Outcome Risk |
|---|---|---|
| Grade I | Mild – hemorrhage limited to germinal matrix | Generally favorable developmental outcomes with proper follow-up care |
| Grade II | Moderate – IVH without ventricular enlargement | Better prognosis than severe grades but requires monitoring for developmental delays |
| Grade III | Severe – IVH with ventricular dilatation | Significant risk of cerebral palsy, cognitive impairments, and developmental disabilities |
| Grade IV | Most severe – includes brain tissue damage | Mortality approaches 80% in severe cases; survivors face 90% incidence of severe neurological sequelae |
What Compensation Is Available in Premature Brain Injury Lawsuits?
Medical malpractice lawsuits for premature brain injuries seek to recover compensation for the extensive costs and losses families face when caring for a child with permanent disabilities. New York law imposes no caps on medical malpractice damages, allowing juries to award amounts that fully reflect the child’s needs and family’s losses.
Economic Damages
Economic damages compensate for measurable financial losses and future expenses:
- Past and future medical expenses: This includes neonatal intensive care costs, surgeries, hospitalizations, medications, medical equipment, and all future medical care the child will require throughout their lifetime.
- Therapy costs: Physical therapy, occupational therapy, speech therapy, and other specialized therapeutic interventions needed for years or decades.
- Home modifications: Wheelchair accessibility features, specialized bathroom equipment, and other home adaptations necessary to accommodate the child’s disabilities.
- Special education services: Tutoring, specialized school programs, and educational support services.
- Assistive devices: Wheelchairs, communication devices, orthotics, and other equipment enabling the child to function more independently.
- Lost earning capacity: Compensation for the child’s reduced ability to earn income as an adult due to their disabilities.
- Parental income loss: Reimbursement for wages parents lost while caring for their injured child or attending medical appointments.
Non-Economic Damages
Non-economic damages compensate for intangible losses that profoundly affect quality of life:
- Pain and suffering: Compensation for the physical pain and discomfort the child experiences due to their injuries and medical treatments.
- Emotional distress: Recognition of the psychological impact of living with permanent disabilities, including anxiety, depression, and frustration.
- Loss of enjoyment of life: Compensation for the child’s inability to participate in activities and experiences that would have been available without the injury.
- Loss of consortium: Recognition of how the injury affects family relationships and the parents’ relationship with their child.
Life Care Plans
Medical experts and life care planners analyze the child’s injuries and project all future care needs and associated costs. These comprehensive assessments provide the foundation for calculating fair compensation that ensures the child receives necessary care throughout their lifetime. Life care plans typically account for medical inflation, equipment replacement cycles, and evolving care needs as the child grows.
Notable Premature Brain Injury Settlements and Verdicts
Birth injury cases involving brain damage to premature infants have resulted in substantial compensation awards across the United States. While each case outcome depends on specific circumstances and the severity of injuries, reviewing past verdicts and settlements provides insight into potential compensation ranges.
New York Cases
According to Rheingold Law, New York has seen several significant birth injury awards. A $116 million verdict was awarded for an infant who sustained brain damage and cerebral palsy due to medical malpractice during a breech birth. A Broome County case resulted in a $103 million verdict where a baby suffered brain damage due to delayed emergency cesarean section.
In Staten Island, a family received $16,254,715.55 after their newborn suffered hypoxic-ischemic encephalopathy when hospital staff failed to recognize and respond to clear signs of fetal distress during labor and delivery.
A Brooklyn case involving failure to diagnose placental abruption led to a child developing cerebral palsy, resulting in a $90,939,857 verdict. Additional New York settlements include $12 million for a family whose child suffered brain damage at birth and $7 million for an infant with neurological injury from negligent birth delivery.
Cases Nationwide
A Missouri jury awarded over $48 million in 2025 for a birth injury case involving prolonged labor and failure to perform a timely C-section. The mother endured more than 12 hours of pushing despite signs of fetal distress, ultimately resulting in hypoxic-ischemic encephalopathy and severe cerebral palsy.
In Wisconsin, a $29 million verdict was reached in 2025 when a certified nurse midwife failed to escalate care or call the on-duty obstetrician when signs of fetal distress became apparent. The delayed delivery resulted in catastrophic brain injury and cerebral palsy.
An Illinois case in 2024 resulted in a $75.8 million verdict when an obstetrician negligently mishandled a vaginal breech extraction delivery, causing severe distress and brain injury to the baby.
According to national birth injury data, infant brain damage settlements have ranged from $1.2 million to $33.9 million depending on injury severity and lifetime care needs.
Who Can File a Premature Brain Injury Lawsuit in New York?
New York law provides specific guidelines regarding who has legal standing to file medical malpractice lawsuits on behalf of injured infants.
Parents and Legal Guardians
Parents or court-appointed legal guardians may file birth injury lawsuits on behalf of minor children who sustained brain injuries during premature birth or neonatal care. Even if parents are separated or divorced, either parent typically has standing to pursue legal action for the child’s injuries.
The Injured Child as Adult
Once a child reaches the age of majority (18 years old in New York), they gain the right to file a lawsuit in their own name if they have legal capacity to do so. New York’s extended statute of limitations for minors allows individuals to file medical malpractice claims until 30 months after turning 18, provided this falls within the 10-year maximum period from the date of injury.
Estate Representatives
In the tragic circumstance where a child dies due to injuries sustained during premature birth, the estate representative may file a wrongful death lawsuit. These claims seek compensation for medical expenses incurred before death, funeral costs, and the family’s loss of companionship.
What Is the Statute of Limitations for New York Birth Injury Cases?
Understanding New York’s statute of limitations for medical malpractice is crucial because missing filing deadlines can permanently bar your right to seek compensation, regardless of the injury’s severity.
Standard Medical Malpractice Timeline
According to New York Courts, the standard statute of limitations for medical malpractice claims is two and a half years (30 months) from the date of the negligent act or omission.
Extended Timeline for Minors
New York provides significantly extended filing periods for birth injury cases involving children. Legal sources confirm that medical malpractice claims for minor children have a deadline of either 10 years after the patient is injured or 30 months after the injured patient turns 18, whichever comes first.
This means a lawsuit for medical malpractice that occurred during childhood cannot be started more than 10 years from the date of the negligent act. This extended timeline recognizes that brain injury symptoms may not fully manifest until children miss developmental milestones or enter school years.
Discovery Rule
If a birth injury is discovered months or years after birth, the two-and-a-half-year statute of limitations begins to run from the date once the injury was discovered or reasonably should have been discovered with appropriate medical follow-up.
Important: While New York’s extended statute of limitations for minors provides considerable time to file a lawsuit, consulting with a birth injury attorney as soon as you suspect medical negligence is advisable. Medical records can be lost or destroyed, witnesses’ memories fade, and building a strong case requires substantial time for investigation and expert review. Early consultation ensures your legal rights are protected while evidence remains fresh and accessible.
Certificate of Merit Requirement
New York law requires plaintiffs to procure a certificate of merit from a qualified medical expert within 90 days after a medical malpractice lawsuit is filed. This requirement ensures that claims have credible medical support before proceeding through the court system.
How Do You Prove Medical Malpractice in Premature Brain Injury Cases?
Establishing medical malpractice requires proving four essential legal elements. An experienced birth injury attorney will gather evidence demonstrating each element to build a compelling case.
Duty of Care
First, you must establish that a doctor-patient relationship existed, creating a legal duty for healthcare providers to deliver competent medical care. This element is typically straightforward in birth injury cases, as medical records document the provider-patient relationship.
Breach of Standard of Care
Next, you must prove that healthcare providers failed to meet the standard of care that reasonably competent medical professionals would provide under similar circumstances. This requires expert medical testimony explaining what actions should have been taken and how the defendant’s conduct fell short.
For premature brain injury cases, breach examples include:
- Failing to perform timely cesarean delivery despite fetal distress indicators
- Not administering antenatal corticosteroids to mothers at risk of premature delivery
- Inadequate monitoring of vital signs during the critical first 72 hours after birth
- Improper ventilator management causing oxygen deprivation or excessive carbon dioxide levels
- Failure to diagnose and treat maternal infections that increase brain injury risk
- Not implementing evidence-based care protocols proven to prevent IVH and PVL
- Misusing delivery instruments causing birth trauma
- Delayed response to signs of respiratory distress or apnea
Causation
You must prove that the healthcare provider’s negligent actions or omissions directly caused your child’s brain injury. This requires medical experts to testify that the injury would not have occurred, or would have been less severe, if proper care had been provided.
Causation can be particularly complex in premature birth cases because prematurity itself carries inherent risks. Your legal team must demonstrate that while some risk was unavoidable due to early birth, the specific brain injury resulted from preventable medical errors rather than inevitable complications of prematurity.
Damages
Finally, you must document the damages and losses resulting from the brain injury. This includes medical records, bills, expert testimony regarding future care needs, life care plans, and evidence of how the injury affects the child’s and family’s quality of life.
Medical Expert Testimony
Birth injury cases require testimony from specialists including neonatologists, neurologists, obstetricians, and other experts who can explain medical standards, analyze medical records, and opine on causation. Experienced birth injury attorneys maintain relationships with leading medical experts nationwide.
Life Care Planning Experts
These specialists assess the injured child’s current and future needs, creating comprehensive care plans with associated cost projections. Their testimony provides the foundation for calculating appropriate compensation to ensure the child receives necessary care throughout their lifetime.
What Evidence Is Needed for a Premature Brain Injury Lawsuit?
Building a successful medical malpractice case requires comprehensive documentation and expert analysis of what happened before, during, and after your child’s birth.
Medical Records
Complete medical records form the foundation of any birth injury case. These include:
- Prenatal care records documenting maternal health, pregnancy complications, and risk factors
- Labor and delivery records including fetal monitoring strips showing heart rate patterns
- Neonatal intensive care unit records tracking vital signs, treatments, and interventions
- Brain imaging studies including ultrasounds, CT scans, or MRIs showing hemorrhage or white matter damage
- Consultation notes from specialists involved in the baby’s care
- Nursing notes documenting observations and concerns raised during care
- Hospital policies and protocols relevant to premature infant care
Expert Medical Opinions
Qualified medical experts review records and provide opinions on whether care met accepted standards. These experts typically include neonatologists familiar with premature infant care, obstetricians knowledgeable about high-risk deliveries, neurologists who can explain brain injury mechanisms, and radiologists who interpret brain imaging studies.
Scientific Literature
Medical research and clinical guidelines establish the standard of care for managing premature deliveries and neonatal complications. Your attorney will reference authoritative sources demonstrating that evidence-based interventions should have been implemented but were not.
Economic Documentation
Financial records establish past expenses and support future cost projections. This includes medical bills, insurance statements, receipts for therapies and equipment, documentation of parental income loss, and expert economic analyses projecting lifetime care costs.
Steps to Filing a Premature Brain Injury Lawsuit
Understanding the legal process helps families know what to expect when pursuing a birth injury claim. While each case follows a unique path, most medical malpractice lawsuits progress through similar stages.
Free Case Evaluation
The process begins with a consultation where you discuss your child’s injuries and medical history with a birth injury attorney. Most attorneys offer free initial consultations and work on contingency, meaning you pay no upfront fees. The attorney evaluates whether your case has merit and explains your legal options.
Medical Records Collection and Review
If the attorney agrees to represent you, they request complete medical records from all providers involved in your care. These records undergo thorough review by the legal team and medical experts to identify departures from the standard of care and establish causation.
Expert Consultation
The attorney consults with medical experts in relevant specialties. These experts review records, analyze the care provided, and determine whether negligence caused your child’s injuries. Their opinions form the basis for the certificate of merit required under New York law.
Lawsuit Filing
Once expert review confirms medical malpractice, your attorney files a complaint in the appropriate New York court. The complaint identifies the defendants (doctors, nurses, hospitals), describes the negligent acts or omissions, explains how they caused your child’s injuries, and demands compensation.
Discovery Process
Both sides exchange information through written questions (interrogatories), document requests, and depositions where parties and witnesses provide sworn testimony. This phase can last months or longer as attorneys gather evidence supporting their positions.
Settlement Negotiations
Many medical malpractice cases settle before trial. Your attorney negotiates with the defendants’ insurance companies to reach a fair settlement that compensates your family adequately. Settlements avoid the time, expense, and uncertainty of trial, but your attorney will only recommend accepting an offer that truly meets your child’s needs.
Trial
If settlement negotiations fail, the case proceeds to trial where a jury hears evidence, evaluates expert testimony, and determines whether negligence occurred and what compensation is appropriate. Birth injury trials can last days or weeks depending on case complexity.
Structured Settlements
Large awards are often structured as periodic payments rather than lump sums, ensuring funds remain available to meet the child’s needs throughout their lifetime while providing tax advantages and protection from mismanagement.
How Much Does It Cost to File a Premature Brain Injury Lawsuit?
Birth injury lawsuits require substantial resources including medical expert fees, court costs, and attorney time. However, the contingency fee arrangement ensures families can pursue justice regardless of their financial circumstances.
Contingency Fee Arrangements
Birth injury attorneys typically work on contingency, meaning they receive payment only if they recover compensation for you. The attorney’s fee is a percentage of the settlement or verdict amount, typically ranging from 30% to 40% depending on case complexity and whether the case settles or goes to trial.
This arrangement aligns the attorney’s interests with yours, as they only profit if your case succeeds. Families pay no upfront retainer fees and owe nothing if the case is unsuccessful.
Case Expenses
While attorney fees are contingent, lawsuits involve various expenses including filing fees, medical record copying costs, expert witness fees, deposition transcripts, and investigation expenses. Some firms advance these costs and deduct them from your recovery, while others may require clients to reimburse expenses even if the case is unsuccessful. Clarify expense policies during your initial consultation.
No Recovery, No Fee
The contingency fee model ensures that families devastated by medical negligence can access experienced legal representation without worrying about upfront costs or hourly billing. This levels the playing field against well-funded hospitals and insurance companies.
Frequently Asked Questions
How long do I have to file a premature brain injury lawsuit in New York?
New York provides an extended statute of limitations for birth injury cases involving minors. You can file a lawsuit either within 10 years of the injury or within 30 months after the child turns 18, whichever comes first. However, consulting with an attorney soon after discovering the injury is advisable to preserve evidence and build the strongest possible case.
What is the difference between IVH and PVL?
Intraventricular hemorrhage (IVH) involves bleeding in or around the brain’s ventricles, while periventricular leukomalacia (PVL) involves damage to the white matter tissue surrounding the ventricles. IVH results from ruptured blood vessels, whereas PVL stems from inadequate oxygen or blood flow causing tissue death. Both conditions commonly affect premature infants and can occur together, significantly increasing the risk of long-term neurological disabilities.
Can premature brain injuries be prevented?
While prematurity itself carries inherent risks, many brain injuries are preventable through proper medical care. Evidence-based interventions that reduce brain injury risk include administering antenatal steroids to mothers at risk of premature delivery, performing timely cesarean sections when fetal distress appears, maintaining continuous monitoring of vital signs during the critical first 72 hours, implementing delayed cord clamping, proper ventilator management, and treating maternal infections promptly. When healthcare providers fail to implement these protective measures and brain injury results, medical negligence may be present.
What is the average settlement for a premature baby brain injury case?
Settlement amounts vary significantly based on injury severity, long-term prognosis, and lifetime care needs. New York cases involving severe brain damage and cerebral palsy have resulted in verdicts and settlements ranging from several million to over $100 million. Less severe injuries with better prognoses typically result in lower compensation. Each case is unique, and an experienced birth injury attorney can evaluate your specific circumstances to provide a more accurate assessment of potential compensation.
Do I need to prove the doctor intended to harm my baby?
No. Medical malpractice cases require proving negligence, not intentional harm. You must demonstrate that healthcare providers failed to meet the standard of care that reasonably competent professionals would provide under similar circumstances, and this failure caused your child’s injuries. Even well-intentioned doctors can be liable for malpractice if they make errors or fail to follow established medical protocols.
Will filing a lawsuit affect my child’s ongoing medical care?
No. Healthcare providers cannot legally retaliate against patients or families who file malpractice lawsuits. Your child has the right to continue receiving necessary medical care regardless of legal action. Many families find that pursuing legal action helps them secure the financial resources needed to provide their child with optimal treatment, therapies, and support services.
What if I didn’t realize my child’s brain injury was due to medical negligence until years later?
New York’s discovery rule provides some protection in cases where injuries are not immediately apparent. The statute of limitations may begin running when you discovered or reasonably should have discovered that medical negligence caused your child’s condition. Additionally, the extended timeline for minors allows lawsuits to be filed up to 10 years after the injury or 30 months after the child turns 18. Consult with a birth injury attorney as soon as you suspect negligence, regardless of how much time has passed.
Protect Your Child’s Future After a Preventable Brain Injury
If your premature baby sustained a brain injury that you believe resulted from medical negligence, you have legal options. Our experienced New York birth injury attorneys can evaluate your case, explain your rights, and fight for the compensation your family deserves to provide your child with the best possible care and support.
