Neonatal Sepsis Brain Injury Claims NY

When a newborn develops a severe bloodstream infection known as sepsis, the consequences can extend far beyond the initial illness. Neonatal sepsis affects approximately 22 per 1,000 live births worldwide and accounts for between 400,000 and 900,000 infant deaths annually. The inflammatory response triggered by sepsis can cause devastating and permanent brain injuries that alter a child’s life trajectory. Families facing this situation often confront not only immediate medical crises but also long-term challenges requiring lifelong care and support.

Brain damage from neonatal sepsis occurs when the infection’s inflammatory cascade disrupts normal brain development and function. Medical providers have clear protocols for preventing, identifying, and treating sepsis in newborns. When healthcare professionals fail to follow these standards, allowing preventable brain injuries to occur, affected families may have grounds for a birth injury claim to secure compensation for their child’s medical needs and future care.

What Is Neonatal Sepsis and How Does It Develop?

Neonatal sepsis is a severe bloodstream infection that affects newborns within the first 90 days of life. The condition develops when bacteria, viruses, or fungi enter a baby’s bloodstream and trigger a systemic inflammatory response. Unlike older children and adults, newborns have immature immune systems that cannot effectively fight off these pathogens, making them particularly vulnerable to rapid disease progression and life-threatening complications.

Medical professionals classify neonatal sepsis into two distinct categories based on timing. Early-onset sepsis occurs within the first 72 hours of life and typically results from exposure to maternal infections during pregnancy or delivery. Common pathogens include Group B Streptococcus (GBS) and Escherichia coli (E. coli). According to data from 23,395 neonatal admissions, early-onset sepsis occurs at a rate of 1.6 per 1,000 live births, with Streptococcus agalactiae (34.3%) and E. coli (26.5%) identified as the most common causative organisms.

Late-onset sepsis develops after 72 hours of life and usually results from environmental exposures in the neonatal intensive care unit (NICU) or community. Coagulase-negative staphylococci account for 57.6% of late-onset cases, with E. coli responsible for another 11.1%. The infection rate for late-onset sepsis measures 0.9 per 1,000 inpatient days. While both forms of sepsis pose serious risks, early-onset sepsis shows particularly strong associations with brain injury and mortality.

Risk Factors That Increase Sepsis Vulnerability

Several maternal and neonatal factors significantly increase the risk of developing sepsis. Pregnant women who test positive for Group B Streptococcus colonization, experience prolonged rupture of membranes (more than 18 hours), or develop chorioamnionitis (infection of the fetal membranes) create higher risk scenarios for their newborns. Premature delivery before 37 weeks gestation substantially increases vulnerability, as these infants have even more immature immune systems and often require invasive medical interventions.

After delivery, certain medical circumstances elevate sepsis risk. Prolonged catheter use, extended NICU stays, and invasive procedures create opportunities for bacteria to enter the bloodstream. Infants requiring mechanical ventilation or those born with low birth weight face compounded risks. Healthcare providers must maintain heightened awareness and implement appropriate preventive measures when these risk factors are present.

How Does Sepsis Cause Brain Injury in Newborns?

The pathway from bloodstream infection to brain damage involves multiple interconnected mechanisms that can cause both immediate and delayed neurological harm. Understanding these processes helps explain why prompt treatment is so critical and why medical negligence in managing sepsis can have such devastating consequences.

When pathogens invade a newborn’s bloodstream, the immune system releases inflammatory molecules called cytokines. In adults and older children, this response helps fight infection. However, in newborns, especially premature infants, this inflammatory cascade can damage developing brain tissue. According to research on molecular mechanisms, the pathogenesis involves dysfunction of the blood-brain barrier, inflammatory factors, oxidative stress, apoptosis (cell death), and mitochondrial dysfunction.

The blood-brain barrier, which normally protects brain tissue from harmful substances in the bloodstream, becomes compromised during sepsis. This breakdown allows inflammatory molecules, bacteria, and toxins to directly contact brain cells. The resulting inflammation causes swelling (cerebral edema), reduces blood flow to critical brain regions, and triggers cascades of cellular damage that can continue even after the infection is controlled.

Sepsis can also lead to hypoxic-ischemic encephalopathy (HIE), a condition where insufficient oxygen reaches brain tissue. When sepsis causes shock or respiratory failure, the resulting oxygen deprivation compounds the direct inflammatory damage. Blood clots may form in small blood vessels, creating localized areas of stroke. Seizures frequently develop as brain electrical activity becomes unstable, potentially causing additional injury if not promptly controlled.

Recognizing the Signs and Symptoms of Neonatal Sepsis

Early recognition of neonatal sepsis requires vigilance because newborns cannot communicate their distress verbally and initial symptoms may appear subtle. Healthcare providers must maintain high clinical suspicion when risk factors are present and respond immediately to warning signs. The symptoms of sepsis in newborns can be non-specific, meaning they could indicate various conditions, which makes clinical judgment and appropriate testing crucial.

Respiratory symptoms often appear first. Affected infants may develop rapid breathing (tachypnea), difficulty breathing (respiratory distress), or episodes where breathing slows or stops (apnea). Grunting sounds during exhalation, flaring nostrils, and chest retractions (skin pulling in between ribs with each breath) indicate significant respiratory compromise. Some infants require supplemental oxygen or mechanical ventilation as the infection progresses.

Temperature instability serves as another important warning sign. Contrary to what many expect, septic newborns may develop either fever or hypothermia (low body temperature). In fact, hypothermia below 36.5°C (97.7°F) is particularly concerning in neonates. The inability to maintain normal body temperature reflects the severity of the systemic infection and the baby’s weakened physiological state.

Cardiovascular signs include abnormal heart rate (either too fast or too slow), weak pulses, low blood pressure, and poor perfusion evident in mottled or pale skin. Capillary refill time (how quickly color returns after pressing on the skin) exceeding three seconds suggests inadequate blood circulation. These cardiovascular changes indicate the infection is affecting the body’s ability to deliver oxygen and nutrients to tissues, including the brain.

Neurological symptoms range from subtle to obvious. Lethargy (extreme tiredness and lack of responsiveness), irritability, decreased muscle tone (floppiness), or abnormal movements may all indicate brain involvement. Seizures represent a medical emergency requiring immediate intervention. Even subtle changes in consciousness or responsiveness should prompt urgent evaluation, as these may be the only early signs of developing brain injury.

Feeding difficulties often appear early in sepsis. Affected infants may refuse to feed, feed poorly, vomit, or show signs of abdominal distention. These symptoms reflect the body’s systemic response to infection and the redirection of energy and blood flow away from digestion toward fighting the infection. Persistent feeding difficulties in a newborn always warrant medical evaluation.

Diagnosis and Testing for Neonatal Sepsis

Diagnosing neonatal sepsis requires a combination of clinical assessment and laboratory testing. Because symptoms can be non-specific and the consequences of delayed treatment are severe, healthcare providers typically adopt a low threshold for initiating diagnostic workups when sepsis is suspected. This approach prioritizes identifying infections early, even if it means performing tests on some infants who ultimately do not have sepsis.

Blood cultures remain the gold standard for definitively diagnosing bacterial sepsis. Healthcare providers draw blood samples and send them to laboratories where technicians attempt to grow any bacteria present. However, blood culture results take 24 to 48 hours to become positive, and by that time, significant brain injury may have already occurred if treatment is delayed. This is why clinicians must make treatment decisions based on clinical suspicion and other rapid tests before culture results are available.

Early Empiric Treatment: Because blood culture results take time and the window for preventing brain injury is narrow, doctors routinely start broad-spectrum antibiotics before confirming sepsis. This approach, called empiric therapy, can be lifesaving. If cultures later come back negative, antibiotics can be stopped. The risk of unnecessary antibiotics is far smaller than the risk of delayed treatment for actual sepsis.

Complete blood count (CBC) with differential provides valuable information about the infant’s immune response. White blood cell counts that are too high or too low can indicate infection. Abnormalities in immature white blood cells (called bands) may appear before other lab changes become obvious. Platelet counts often drop in septic infants, and this thrombocytopenia can indicate severe infection or disseminated intravascular coagulation (DIC), a dangerous clotting disorder.

C-reactive protein (CRP) and procalcitonin are inflammatory markers that rise during infection. While not specific to sepsis, elevated levels support the diagnosis and help clinicians monitor response to treatment. Serial measurements showing rising levels despite treatment may indicate inadequate therapy or complications. Some hospitals use these markers to guide decisions about when to stop antibiotics in infants whose cultures remain negative.

Lumbar puncture (spinal tap) to obtain cerebrospinal fluid (CSF) is critical when meningitis is suspected. Meningitis, or infection of the membranes surrounding the brain and spinal cord, commonly accompanies sepsis and directly threatens brain tissue. CSF analysis shows elevated white blood cells, low glucose, and high protein in meningitis. CSF cultures can identify the specific pathogen and guide antibiotic selection. Some infants with sepsis require lumbar punctures even when meningitis is not initially suspected, particularly if neurological symptoms develop or if the infant fails to improve with treatment.

Imaging studies play an important role in assessing brain injury. Cranial ultrasound offers a non-invasive way to evaluate for bleeding, fluid accumulation, or structural abnormalities. However, ultrasound has limitations in detecting subtle or early brain injury. Magnetic resonance imaging (MRI) provides much more detailed information about brain structure and can identify areas of injury that ultrasound might miss. MRI findings help predict long-term outcomes and guide rehabilitation planning. Many infants who suffered sepsis-related brain injury undergo follow-up imaging at specific intervals to track changes over time.

Treatment Approaches for Neonatal Sepsis

Treating neonatal sepsis requires aggressive, multi-faceted medical intervention. The primary goal is to eliminate the infection while providing comprehensive support for the infant’s vital functions. Delays in initiating treatment or inadequate therapeutic intensity can result in preventable brain injury and death, making prompt and appropriate care essential.

Antibiotic therapy forms the cornerstone of sepsis treatment. Clinicians typically start with broad-spectrum antibiotics that cover the most common bacterial pathogens before culture and sensitivity results are available. The standard initial regimen usually includes ampicillin (effective against Group B Streptococcus and Listeria) combined with gentamicin or cefotaxime (covering gram-negative bacteria like E. coli). For late-onset sepsis, especially in NICU patients, providers may use different antibiotics that cover hospital-acquired pathogens including methicillin-resistant Staphylococcus aureus (MRSA).

Once culture results identify the specific organism and its antibiotic sensitivities, treatment should be tailored to use the most effective and narrowest-spectrum antibiotics. This approach maximizes bacterial killing while minimizing unnecessary antibiotic exposure and the development of resistance. Duration of antibiotic treatment depends on the infection’s severity and location. Uncomplicated sepsis typically requires 7 to 10 days of antibiotics, while meningitis necessitates 14 to 21 days or longer.

Supportive care is as critical as antibiotic therapy. Respiratory support ranges from supplemental oxygen to mechanical ventilation, depending on the infant’s needs. Maintaining adequate oxygenation prevents hypoxic brain injury that could compound the direct inflammatory damage from sepsis. Continuous monitoring of oxygen saturation, heart rate, blood pressure, and respiratory rate allows providers to quickly identify deterioration and adjust support.

Cardiovascular support often includes intravenous fluid administration to maintain blood pressure and organ perfusion. Septic shock occurs when infection causes dangerous drops in blood pressure that cannot be corrected with fluids alone. In these cases, vasopressor medications that constrict blood vessels and increase heart contractility become necessary. Aggressive cardiovascular support aims to maintain adequate blood flow to the brain and other vital organs.

When seizures occur, anticonvulsant medications must be administered promptly. Uncontrolled seizures can cause additional brain injury beyond what the sepsis itself produces. Some infants with sepsis and brain injury experience subclinical seizures that are not visible externally but can be detected on electroencephalogram (EEG) monitoring. Continuous EEG monitoring may be necessary in critically ill infants to identify and treat all seizure activity.

Metabolic management involves maintaining normal blood glucose levels, electrolyte balance, and acid-base status. The stress of severe infection can cause blood sugar to become too high or too low, both of which can harm the brain. Acidosis (too much acid in the blood) often accompanies severe sepsis and requires correction. Nutritional support initially comes through intravenous fluids, with gradual transition to feeding as the infant stabilizes.

Long-Term Neurological Complications and Outcomes

The brain injury that occurs during neonatal sepsis can result in a wide spectrum of long-term neurological complications. The severity and type of outcomes depend on multiple factors including the extent of initial brain injury, the specific brain regions affected, the infant’s gestational age at birth, and the timeliness and adequacy of treatment. Understanding these potential complications helps families prepare for their child’s needs and demonstrates why medical negligence that contributes to sepsis-related brain injury has such serious consequences.

Cerebral palsy represents one of the most common and significant long-term outcomes of sepsis-related brain injury. According to systematic review data analyzing 24 studies with 121,645 infants, neonatal sepsis increases the risk of cerebral palsy by 2.48-fold. Cerebral palsy encompasses a group of permanent movement disorders caused by brain damage during development. Affected children may have spastic muscles, involuntary movements, difficulty with balance and coordination, or combinations of these issues. The severity ranges from mild, allowing independent functioning with minor adaptations, to severe, requiring lifelong assistance with all activities of daily living.

Cognitive and developmental delays affect many survivors of neonatal sepsis with brain injury. Children may experience intellectual disability of varying degrees, learning disabilities, attention deficits, memory problems, and executive function difficulties that affect planning and organization. The same systematic review found that motor development scores were significantly lower in infants with sepsis compared to unaffected groups. These cognitive impacts may not become fully apparent until school age when academic and social demands increase.

Progressive Nature of Some Deficits: Research indicates that neurodevelopmental impairment from neonatal sepsis may worsen with age rather than improve. One study following participants into adolescence found progressively worsening neurodevelopmental challenges, suggesting that some deficits may not manifest until later childhood or adolescence when brain demands increase.

Sensory impairments occur at elevated rates in children who experienced neonatal sepsis. Visual impairment risk increases 2.57-fold, potentially related to inflammatory vascular damage and oxidative stress affecting the optic nerves and visual processing centers of the brain. Hearing loss risk rises 1.70-fold, with meningitis cases showing particularly elevated risks. These sensory deficits can compound learning difficulties and developmental delays, making early identification and intervention critical.

Epilepsy develops in some children as a result of structural brain damage or abnormal electrical activity patterns established during the acute sepsis episode. Seizure disorders require ongoing management with anticonvulsant medications and can further impact development and quality of life. Some children experience seizures that are difficult to control despite multiple medication trials, a condition known as refractory epilepsy.

The economic and social costs of these long-term complications are substantial. Affected children typically require extensive medical care including specialists in neurology, developmental pediatrics, orthopedics, ophthalmology, and audiology. Many need ongoing therapies such as physical therapy, occupational therapy, speech therapy, and special education services. Adaptive equipment, home modifications, and specialized care may be necessary depending on the severity of impairment.

A critical research gap exists regarding very long-term outcomes into adulthood. According to the systematic review, the majority of included studies focused on early outcomes while no studies evaluated long-term effects into adulthood. This means the full lifetime impact of neonatal sepsis-related brain injury remains incompletely understood, though the evidence clearly demonstrates significant ongoing challenges throughout childhood.

Medical Negligence and Preventable Brain Injury from Sepsis

While not all cases of neonatal sepsis and resulting brain injury involve medical malpractice, many instances could have been prevented or their severity reduced through appropriate medical care. Healthcare providers have well-established protocols for preventing sepsis, identifying it early, and treating it aggressively. When medical professionals deviate from these standards of care and brain injury results, affected families may have grounds for a birth injury lawsuit.

Failure to screen and treat maternal Group B Streptococcus colonization represents one of the most common forms of negligence leading to early-onset sepsis. The American College of Obstetricians and Gynecologists (ACOG) and the Centers for Disease Control and Prevention (CDC) have clear guidelines requiring universal screening of pregnant women for GBS colonization between 36 and 37 weeks of gestation. Women who test positive or have certain risk factors should receive intravenous antibiotics during labor. When healthcare providers fail to conduct this screening, ignore positive results, or inadequately administer prophylactic antibiotics, preventable GBS infections may occur.

Standard of Care for GBS Prevention: Universal GBS screening at 36-37 weeks gestation is the standard of care. Positive screening or certain risk factors require intravenous antibiotic prophylaxis during labor, typically penicillin or ampicillin. Adequate prophylaxis means starting antibiotics at least 4 hours before delivery. Failure to follow this protocol when indicated can constitute negligence if sepsis develops.

Delayed diagnosis of sepsis occurs when healthcare providers fail to recognize warning signs or do not maintain appropriate clinical suspicion given known risk factors. Newborns cannot verbally communicate their symptoms, making healthcare providers entirely responsible for identifying concerning signs. When providers dismiss symptoms like temperature instability, respiratory changes, or feeding difficulties as “normal variations” rather than investigating them appropriately, critical treatment delays can occur. Each hour of delay in initiating antibiotic therapy for sepsis increases the risk of mortality and severe complications including brain injury.

Inadequate monitoring of high-risk infants represents another form of negligence. Babies born prematurely, those whose mothers had chorioamnionitis, infants delivered after prolonged rupture of membranes, and other high-risk newborns require enhanced observation and low thresholds for diagnostic testing. When healthcare facilities fail to provide adequate staffing for close monitoring or when individual providers do not appreciate the significance of risk factors, sepsis may progress unrecognized until brain injury has already occurred.

Improper treatment can take various forms. Using incorrect antibiotics, administering inadequate doses, failing to provide necessary supportive care, or delaying transfer to a facility with appropriate NICU capabilities can all constitute negligence. Sepsis treatment requires not just giving antibiotics but also providing comprehensive support for cardiovascular function, oxygenation, seizure control, and metabolic management. Failures in any of these areas can contribute to brain injury.

Failure to diagnose and treat meningitis appropriately represents a particularly serious form of negligence because meningitis directly threatens brain tissue. When an infant with sepsis shows neurological symptoms or fails to improve with standard therapy, lumbar puncture to evaluate for meningitis becomes essential. Delays in performing this test, misinterpretation of results, or inadequate treatment of confirmed meningitis can result in devastating and preventable brain damage.

Legal Rights and Compensation for Sepsis-Related Brain Injury

When medical negligence contributes to a newborn developing brain injury from sepsis, New York law provides families with legal avenues to seek compensation for the harm their child has suffered. Birth injury lawsuits serve multiple purposes beyond financial recovery. They hold negligent healthcare providers accountable, provide families with resources to care for their injured child, and create incentives for improved safety practices that may prevent similar injuries to other families.

Establishing a medical malpractice claim requires proving four essential elements. First, a doctor-patient relationship must have existed, establishing that the healthcare provider owed a duty of care to the infant. Second, the provider must have breached the standard of care, meaning they failed to provide treatment that a reasonably competent provider would have given under similar circumstances. Third, this breach must have directly caused the injury. Finally, actual damages must have resulted from the injury.

The causation element often becomes the most complex aspect of sepsis brain injury cases. Defendants may argue that the brain injury would have occurred regardless of their actions, that the infection was too severe to prevent all complications, or that prematurity rather than sepsis caused the neurological damage. Successful cases require expert medical testimony explaining how the provider’s specific failures directly led to or worsened the brain injury. Detailed medical records documenting the timing of symptoms, diagnostic decisions, treatment choices, and the infant’s clinical course become critical evidence.

Compensation in birth injury cases covers both economic and non-economic damages. Economic damages include all quantifiable financial losses such as past and future medical expenses, therapy costs, special education needs, adaptive equipment, home modifications, and lost parental income due to caregiving responsibilities. For children with severe brain injury from sepsis, lifetime medical costs can reach millions of dollars. Expert life care planners and economists help calculate these future expenses to ensure adequate compensation.

Non-economic damages compensate for losses that cannot be precisely quantified in dollars, such as the child’s pain and suffering, loss of enjoyment of life, and diminished quality of life. While no amount of money can restore a child’s health or undo brain injury, these damages acknowledge the profound impact on the child’s life experience and opportunities. New York does not cap non-economic damages in medical malpractice cases, allowing juries to award amounts they deem appropriate based on the severity of injury.

Some cases may warrant punitive damages when the healthcare provider’s conduct demonstrated reckless disregard for patient safety or intentional misconduct. While less common in birth injury cases, punitive damages serve to punish egregious behavior and deter similar conduct in the future. These damages go beyond compensating the plaintiff to send a broader message about unacceptable standards of care.

Why Families Choose to Pursue Birth Injury Claims

The decision to pursue a birth injury lawsuit is deeply personal and often comes after extensive deliberation. Families do not undertake this process lightly, as it requires reliving traumatic events, extensive documentation, and emotional energy during an already challenging time. Understanding the reasons families choose to move forward with legal action helps contextualize these cases beyond their financial aspects.

Financial necessity drives many families toward litigation. The costs of caring for a child with severe brain injury from sepsis can quickly overwhelm even well-insured families. Many necessary services like intensive therapy, specialized equipment, home health aides, and educational support are not fully covered by insurance. Parents may need to reduce work hours or leave employment entirely to provide care, creating additional financial strain. Legal compensation provides resources to secure the best possible care and opportunities for the injured child throughout their lifetime.

Accountability represents another powerful motivation. When families discover that their child’s devastating injury could have been prevented through proper medical care, pursuing legal action becomes a matter of principle. Holding negligent providers accountable through the legal system validates the family’s experience, acknowledges that wrong was done, and creates consequences that may motivate improved practices. For many families, knowing they may prevent another family from experiencing similar preventable tragedy provides meaningful purpose during their own struggle.

Some families pursue claims to access information they otherwise cannot obtain. The legal discovery process compels healthcare providers to produce complete medical records, policies, and communications that families cannot access through normal channels. This transparency can provide answers about what happened and why, helping families understand the events that changed their lives forever. Even when settlement occurs before trial, families often gain clarity they desperately needed.

Building a Strong Sepsis Brain Injury Case

Successful birth injury cases involving sepsis and brain damage require meticulous preparation and compelling evidence. The complexity of these cases demands experienced legal representation familiar with both medical malpractice law and the medical science underlying neonatal sepsis and brain injury. Understanding what makes a strong case helps families evaluate their situation and work effectively with their legal team.

Complete medical records form the foundation of every birth injury case. These records must document the mother’s prenatal care, labor and delivery, and the newborn’s hospital course. Key elements include GBS screening results, maternal risk factors, the infant’s vital signs and symptoms, timing of diagnostic testing, culture results, antibiotic administration records, and neurological assessments. Any gaps or inconsistencies in documentation may become important, as incomplete records can sometimes indicate inadequate care or attempts to conceal negligence.

Expert medical testimony is essential in establishing both the standard of care and how the defendant’s actions deviated from it. Plaintiffs typically need experts in obstetrics, neonatology, pediatric neurology, and pediatric infectious disease to address different aspects of care. These experts must credibly explain to a jury what proper care should have looked like, specifically how the defendant’s care fell short, and how this deviation caused or worsened the brain injury. The credibility and persuasiveness of expert witnesses often determines case outcomes.

Imaging studies and neurodevelopmental assessments document the extent of brain injury and its functional impact. MRI scans showing specific patterns of brain damage can strongly support claims that sepsis caused the injury. Serial developmental assessments by pediatric neurologists and developmental specialists document delays and disabilities in areas like motor function, cognition, vision, hearing, and social skills. This documentation connects the sepsis event to concrete, ongoing impairments affecting the child’s life.

Demonstration of financial damages requires detailed documentation. Families should maintain organized records of all medical bills, therapy invoices, equipment costs, medication expenses, and travel costs for medical care. Documentation of lost income and employment changes due to caregiving responsibilities strengthens economic damage claims. Photographs and videos showing the child’s daily challenges, therapy sessions, and care needs help juries understand the real-world impact of the injury.

Timeline reconstruction often becomes critical in sepsis cases where timing of symptom recognition and treatment initiation directly influenced outcomes. Detailed timelines showing when symptoms appeared, when they were reported to healthcare providers, when diagnostic tests were ordered and resulted, and when treatments were initiated can powerfully demonstrate negligent delays. Expert testimony explaining how even hours of delay in sepsis treatment increases brain injury risk makes these timelines particularly compelling to juries.

Frequently Asked Questions About Neonatal Sepsis and Brain Injury

Taking Action After Sepsis-Related Brain Injury

If you believe your child suffered brain injury due to medical negligence in preventing, diagnosing, or treating neonatal sepsis, taking prompt action protects your legal rights while memories and evidence are fresh. The first step involves consulting with an experienced birth injury attorney who can evaluate your case and explain your options. Most birth injury attorneys offer free initial consultations and work on contingency fee arrangements, meaning you pay no attorney fees unless compensation is recovered.

During the initial consultation, bring all available medical records, though attorneys can obtain additional records as needed. Be prepared to discuss your pregnancy, labor, delivery, and your baby’s hospital course in as much detail as you remember. Information about your child’s current condition, diagnoses, treatments, and functional limitations helps attorneys assess the full scope of damages. Questions about the timeline of events, what healthcare providers told you, and any concerns you raised that were dismissed or ignored can reveal important issues.

The attorney will need to have your case reviewed by medical experts before definitively determining whether negligence occurred and caused your child’s injury. This review process takes time but is essential for building a strong case. If experts conclude that negligence did occur, your attorney will develop a comprehensive legal strategy aimed at securing maximum compensation for your child’s needs.

Time limits for filing birth injury lawsuits mean that delays can jeopardize your ability to seek compensation. In New York, medical malpractice claims generally must be filed before a child’s 10th birthday, though exceptions exist in some circumstances. Because building a strong case requires extensive investigation, medical record review, expert consultation, and preparation, starting the process early provides the best opportunity for success. Even if you are unsure whether negligence occurred, consulting with an attorney to have your case evaluated costs nothing and may provide important answers about what happened to your child.

Remember that pursuing a birth injury claim serves multiple purposes beyond financial recovery. It provides accountability for negligent care, helps prevent similar injuries to other families, and most importantly, secures resources to give your child the best possible quality of life despite their challenges. You have the right to seek answers and appropriate compensation when medical negligence has altered your child’s life trajectory.