Birth Injuries
Birth Injury Lawyer in New York: Birth Injury or Birth Defect?
Jonathan Fuzailov, Esq.
September 4, 2026 · 5 min read
Some birth injuries are unavoidable. Others happen because warning signs were missed. Here's how families can start getting answers.
Injury vs. defect
A birth defect develops during pregnancy and is usually no one's fault. A birth injury happens during labor and delivery — oxygen deprivation, shoulder dystocia mishandled, excessive force with forceps or vacuum — and may result from negligence.
Red flags during delivery
Ignored fetal distress on the monitor, delayed C-section despite warning signs, improper use of delivery instruments, failure to treat maternal infection or high blood pressure, and inadequate neonatal resuscitation. Conditions like cerebral palsy, Erb's palsy, and HIE often trace back to these moments.
These cases fund a lifetime of care
A child with a serious birth injury may need decades of therapy, equipment, and attendant care. Birth injury claims are valued around life care plans built by medical and economic experts — which is why they are among the highest-value cases in personal injury law.
Deadlines for birth injury claims
Medical malpractice claims generally must be filed within two years and six months, though the rules for minors and continuous treatment can extend this. Because the analysis is complex, families should have the records reviewed as early as possible.
Free case review
Hurt in a birth injury in New York? Talk to a lawyer today.
Deadlines in New York can be as short as 90 days, and insurers start building their defense immediately. Get a free, no-obligation review of your case from Fuzailov Law — you pay nothing unless we win.
Request a free case review
Tell us what happened. We'll review your case and respond the same day — no fee unless we win.