Birth Injury Lawyer New York City
Your baby was supposed to come into the world healthy. Instead, you're sitting with a diagnosis, cerebral palsy, brain damage, Erb's palsy, and a doctor who says it "just happened." It didn't just happen. When medical professionals fail to properly monitor labor, respond to fetal distress, or deliver your baby safely, the consequences are preventable. A birth injury attorney investigates what went wrong, identifies who is responsible, and fights for the compensation your child needs to live their fullest life. Michael Gunzburg, P.C. has represented New York City families in birth injury cases for 39+ years. The firm secured a $20 million structured settlement for a family whose infant was born with cerebral palsy and brain damage after a botched delivery, a result that provided lifetime financial security for their child. Cases are handled on a contingency fee basis, meaning you pay nothing unless the firm recovers compensation for you. Call (212) 725-8500 for a free consultation.
Who Needs a Birth Injury Attorney in New York City?
You need a birth injury attorney if your child suffered a preventable injury during pregnancy, labor, or delivery due to medical negligence. This includes parents of a child diagnosed with cerebral palsy, hypoxic-ischemic encephalopathy (HIE), or brain damage after a prolonged or mismanaged delivery. It includes families whose baby sustained Erb's palsy or brachial plexus injuries from excessive pulling during shoulder dystocia. It includes situations where fetal distress went unrecognized on monitoring strips, where a C-section was delayed too long, where forceps or vacuum extractors caused skull fractures or nerve damage, or where a preventable infection was left untreated. If your baby had low Apgar scores, your labor was unusually long without intervention, or your child has developmental delays that doctors can't fully explain, you may have a claim. These cases arise at delivery rooms throughout New York City, from hospitals in Midtown Manhattan and Flushing to community hospitals in the Bronx, birthing centers in Brooklyn Heights, and private practices in Staten Island.
Common Situations Michael Gunzburg, P.C. Handles
Cerebral Palsy From Oxygen Deprivation
Cerebral palsy is one of the most common results of oxygen deprivation during delivery. When doctors fail to recognize signs of fetal distress or delay a necessary C-section, a baby's brain can suffer permanent damage within minutes. These cases often involve hospitals throughout the five boroughs, including teaching hospitals in Flushing and community hospitals in the Bronx where high-risk deliveries are managed by residents without adequate supervision.
Erb's Palsy and Brachial Plexus Injuries
Erb's palsy results from excessive pulling on a baby's head and neck during shoulder dystocia, a complication where the baby's shoulder becomes stuck. The brachial plexus nerve network can be stretched, torn, or ruptured, causing partial or full paralysis of the arm. Proper delivery technique and timely intervention can prevent these injuries.
Hypoxic-Ischemic Encephalopathy (HIE)
HIE occurs when a baby's brain is deprived of oxygen and blood flow for an extended period. It can result from umbilical cord prolapse, placental abruption, or prolonged labor without appropriate intervention. The consequences range from developmental delays and seizure disorders to severe, lifelong disability.
Failure to Respond to Fetal Distress
Fetal monitoring strips exist for one reason: to alert medical staff when a baby is in trouble. When nurses and doctors fail to read those strips accurately, or fail to act on what they show, preventable brain damage can occur. Many birth injury cases come down to what the monitor showed and what the medical team did, or didn't do, in response.
Forceps and Vacuum Extractor Injuries
Improperly applied forceps or vacuum extractors can cause skull fractures, intracranial hemorrhages, facial nerve damage, and other serious injuries. These instruments require skill and precise technique. Errors in their use are a recognizable and preventable form of delivery room negligence.
Delayed or Unnecessary C-Section
Timing matters in a C-section decision. A delivery team that waits too long when a baby shows distress, or fails to recognize when a vaginal delivery is no longer safe, can cause lasting harm. Conversely, unnecessary surgical intervention without proper informed consent also raises legal questions.
Infections and Neonatal Sepsis
Group B strep, meningitis, and other neonatal infections can be life-threatening if not detected and treated promptly. When hospitals fail to screen mothers, recognize symptoms, or respond quickly, babies can suffer brain damage or worse.
Inadequate Supervision of Residents at Teaching Hospitals
New York City has some of the country's most prominent teaching hospitals. When inexperienced residents manage high-risk deliveries without adequate oversight from attending physicians, preventable injuries occur. The hospital itself can be held liable for inadequate supervision and staffing protocols.
Why Hiring a Birth Injury Lawyer Matters
Without an attorney, hospitals and their malpractice insurers control the narrative. They have experienced defense lawyers reviewing your case from the moment something goes wrong. They know which records to produce and which to minimize. They will offer explanations designed to discourage you from pursuing a claim.
The reality is that birth injury cases are among the most complex in all of medical malpractice litigation. They require board-certified obstetricians, neonatologists, pediatric neurologists, and maternal-fetal medicine specialists to analyze fetal monitoring strips line by line, evaluate every decision made in the delivery room, and testify credibly under cross-examination. That kind of expert infrastructure takes decades to build.
Michael Gunzburg has been doing this for over 39 years. His $20 million structured settlement for a cerebral palsy case isn't just a number, it represents the kind of result that comes from knowing how to build and try a birth injury case against a major New York City hospital and its insurance company. Henry, whose daughter was born brain damaged with cerebral palsy and a low Apgar score, put it this way: the settlement gave his daughter the financial independence her condition requires. He has trusted this firm for nearly 20 years.
When you're facing a lifetime of medical care, therapy, and specialized education for your child, the difference between adequate representation and excellent representation is not marginal. It's everything.
Who Can Be Held Responsible?
Multiple parties can be held responsible for a birth injury, and identifying all of them requires a thorough investigation of every decision made before, during, and after delivery. The delivering obstetrician carries primary responsibility for managing labor and making timely clinical decisions. Attending nurses are responsible for correctly reading and responding to fetal monitoring strips. The anesthesiologist may be liable for errors in medication or pain management during delivery. Midwives can be held accountable when they fail to recognize when a situation exceeds their scope of practice. The hospital itself can be named as a defendant for inadequate staffing, flawed protocols, insufficient supervision of residents, or negligent credentialing of physicians. In some cases, a medical group or practice entity carries separate liability. An experienced birth injury attorney investigates every layer.
What You May Be Entitled To Recover
Families in birth injury cases can recover substantial compensation that covers both current and lifetime needs. Economic damages include all past and future medical expenses, surgeries, hospitalizations, physical therapy, occupational therapy, speech therapy, medications, adaptive equipment, and home modifications. They also include special education costs, the expense of full-time care attendants if needed, and lost earning capacity if your child's injuries prevent them from working as an adult. Non-economic damages compensate for your child's pain and suffering, loss of quality of life, and inability to participate in normal childhood experiences. New York does not cap medical malpractice damages except in limited circumstances, which means a strong case can result in a recovery that genuinely reflects the lifelong impact of the injury. In cases involving reckless conduct, punitive damages may also apply. The $20 million structured settlement Michael Gunzburg, P.C. secured for a cerebral palsy family illustrates what full compensation can look like when the case is prepared and presented correctly.
Important Deadlines and Legal Rules
The most important deadline to know is this: in New York, birth injury cases are generally subject to a statute of limitations that runs until the child's 10th birthday. This is longer than the standard medical malpractice deadline, and it exists because birth injuries affect minors. However, there are critical exceptions. If you are suing a public hospital, such as one operated by NYC Health + Hospitals, you must file a Notice of Claim within 90 days of the incident. Missing that 90-day deadline can permanently bar your claim, regardless of how strong your case is. Wrongful death claims arising from birth injuries operate under different rules entirely. The complexity of these deadlines is one of the strongest reasons to consult an attorney as early as possible. Early consultation also allows the firm to preserve fetal monitoring strips, nursing notes, and other time-sensitive evidence that hospitals are not required to retain indefinitely. Do not assume you have years to act without first speaking to a lawyer.
What Happens After You Call Michael Gunzburg, P.C.
Michael Gunzburg, P.C. returns calls within 24 hours. Here is exactly what to expect from the first call through resolution.
Free Case Evaluation and Medical Record Review
The firm reviews your prenatal records, labor and delivery notes, fetal monitoring strips, hospital charts, and your child's medical evaluations at no cost. This initial review is the foundation, it determines whether the evidence supports a negligence claim before any commitment is made.
Consultation With Specialized Medical Experts
The firm retains board-certified obstetricians, maternal-fetal medicine specialists, neonatologists, and pediatric neurologists who analyze whether your medical team met the standard of care. They also work with life care planners who project the full cost of your child's lifetime needs.
Investigation of All Responsible Parties
Every party whose negligence may have contributed is identified, the delivering obstetrician, nurses, anesthesiologist, midwives, and the hospital itself. Cases against hospitals often involve institutional failures that require a separate line of investigation.
Life Care and Damages Planning
Birth injuries frequently require decades of care. The firm works with economists and life care planners to calculate what your child's full lifetime needs will cost, not just the first few years.
Aggressive Negotiation and Trial Preparation
Every case is prepared as if it will go to trial. That preparation directly influences what opposing counsel and their insurance companies are willing to offer. If a fair settlement isn't on the table, the case goes to trial.
Benefits of Hiring a Birth Injury Attorney
Lifetime Financial Security for Your Child
A settlement structured to cover your child's lifetime care is not the same as one that covers a few years of expenses. The firm fights for outcomes that reflect the true scope of your child's needs, medical care, therapy, education, equipment, and housing accommodations, whether your child lives to 25 or 85.
Access to the Experts Who Win These Cases
Birth injury cases rise or fall on expert testimony. The firm maintains relationships with leading obstetricians, neonatologists, maternal-fetal medicine specialists, and pediatric neurologists who can credibly explain, in court, how a preventable failure caused your child's injuries. These aren't generalists, they are specialists who review fetal monitoring strips line by line.
No Upfront Costs
Expert witnesses in birth injury cases can cost $50,000 to $100,000 or more. The firm advances all costs on a contingency fee basis. You pay nothing unless the firm recovers compensation for you.
You Deal With One Attorney, Not a Rotating Team
Michael Gunzburg handles cases personally. You speak directly with the attorney managing your case, not a paralegal or junior associate. Clients consistently describe this accessibility as one of the most important differences in their experience.
A Track Record That Changes Negotiations
Insurance companies and hospital defense teams know Michael Gunzburg's record. That knowledge changes how they approach settlement discussions. A 39-year track record of trying and winning medical malpractice cases is not something opposing counsel ignores.
Key Takeaways
- Birth injury cases in New York are generally subject to a statute of limitations running until the child's 10th birthday, but claims against public hospitals require a 90-day Notice of Claim.
- Multiple parties can be held liable for a birth injury, including the delivering physician, nurses, anesthesiologist, midwives, and the hospital itself.
- Michael Gunzburg, P.C. secured a $20 million structured settlement for a New York City family whose child was born with cerebral palsy and brain damage due to delivery negligence.
- Birth injury victims in New York may recover economic and non-economic damages with no statutory cap in most cases, including lifetime medical care, therapy, special education, and lost earning capacity.
- Cases are handled on a contingency fee basis, you pay no attorney fees or case expenses unless compensation is recovered.
Proven Results and Client Experience
Michael Gunzburg, P.C. secured a $20 million structured settlement for a New York City family whose infant was born brain damaged with cerebral palsy after a botched delivery. That result reflects over three decades of experience building birth injury cases against hospitals and their insurers, and the medical expert network required to win them.
Henry, whose daughter was born brain damaged with cerebral palsy and a low Apgar score, describes the experience this way: the firm was empathetic, understanding, and honest throughout the entire process. The settlement provided his daughter with the financial independence her condition requires. Henry has returned to Michael Gunzburg, P.C. for nearly 20 years.
With 39+ years of experience, admission to the Appellate Division Second Department, and membership on the Brooklyn Bar Association's legal referral panel since 1989, Michael Gunzburg brings a level of depth and continuity to these cases that very few attorneys can match.
Common Questions About Birth Injury Attorneys in NYC
What is the difference between a birth injury and a birth defect?
A birth injury results from trauma or oxygen deprivation during labor and delivery, for example, cerebral palsy caused by a delayed C-section, or Erb's palsy from excessive pulling during shoulder dystocia. These injuries are often preventable. A birth defect is a structural or functional abnormality that develops before birth, such as a congenital heart condition or chromosomal disorder, and is generally not caused by how delivery was managed. The legal distinction matters because malpractice claims require proving that the injury resulted from a departure from accepted standards of care, something that applies to birth injuries, not birth defects.
How do I know if my child's birth injury was caused by negligence?
Signs that negligence may have played a role include prolonged labor without appropriate intervention or C-section, failure to recognize or respond to fetal distress on monitoring strips, improper use of forceps or vacuum extractors, delayed response to umbilical cord prolapse or placental abruption, failure to diagnose or treat a maternal infection, low Apgar scores without adequate explanation, and a diagnosis of cerebral palsy, HIE, or developmental delays following a complicated delivery. Not every difficult birth involves negligence, childbirth carries inherent risks. But if a reasonably competent obstetrician would have managed your delivery differently, there is likely a claim worth evaluating.
What is the statute of limitations for birth injury cases in New York?
New York birth injury cases are generally subject to a statute of limitations running until the child's 10th birthday. This differs from the standard 2.5-year medical malpractice deadline that applies to adult claims. However, if the negligent party is a public hospital such as those in the NYC Health + Hospitals system, you must file a Notice of Claim within 90 days of the incident. Missing that notice requirement can permanently destroy your claim. Wrongful death claims arising from birth injuries carry different deadlines. Because these rules are layered and unforgiving, consulting an attorney as soon as you suspect negligence is the safest course.
How much is a birth injury case worth?
Settlement values vary based on the severity and permanence of your child's injuries, their life expectancy, future care needs, and the strength of evidence proving negligence. Cases involving permanent disabilities requiring lifetime care, like severe cerebral palsy, can result in multi-million-dollar recoveries. The firm's $20 million structured settlement for a cerebral palsy case reflects what is possible when liability is clear and damages are thoroughly documented. Economic damages cover medical expenses, therapy, special education, care attendants, adaptive equipment, and lost earning capacity. Non-economic damages compensate for pain, suffering, and loss of quality of life. New York does not cap these damages except in limited circumstances.
Can I sue if the hospital says the injury was unavoidable?
Yes. Hospitals and doctors routinely characterize birth injuries as "unavoidable complications" or "known risks of delivery." These explanations are often given to discourage lawsuits, not because they are accurate. Independent medical experts can analyze whether your delivery was truly unpreventable, or whether a different clinical decision would have produced a better outcome. Even in high-risk pregnancies, the medical team owed your family a duty to meet the applicable standard of care. If they didn't, the label "unavoidable" is not a defense.
Will a lawsuit affect my child's ongoing medical care?
No. Filing a lawsuit does not affect your child's current doctors or therapists, who will continue providing care regardless of any litigation. In fact, many families find that a settlement improves access to care by funding specialists, therapies, and equipment that insurance doesn't fully cover. Most birth injury cases settle before trial, and the firm works to protect your family's privacy throughout the process.
Who can be named as a defendant in a birth injury case?
Potentially liable parties include the delivering obstetrician, attending nurses, the anesthesiologist, any midwives involved, and the hospital itself. Hospitals can be held directly responsible for institutional failures, inadequate staffing, flawed protocols, insufficient supervision of residents, or negligent credentialing. Medical groups or practice entities may also carry separate liability. A thorough investigation is required to identify all responsible parties, and failing to name all of them can affect the value of your recovery.
How long does a birth injury case take in New York?
Most birth injury cases take three to five years from filing to resolution, though timelines vary. Straightforward cases with clear liability and severe permanent injuries sometimes settle within two to three years. Cases involving disputed causation, such as whether cerebral palsy resulted from delivery negligence or unrelated prenatal factors, can take five to seven years through trial and any appeals. The timeline is one more reason to consult an attorney early: the sooner evidence is preserved and experts are retained, the stronger the case.
Why should I choose Michael Gunzburg, P.C. over another NYC birth injury firm?
The firm secured a $20 million structured settlement for a New York City birth injury family, one of the largest results of its kind. Michael Gunzburg has practiced medical malpractice law for 39+ years, has argued appeals before the Appellate Division and the New York State Court of Appeals, and has built the expert relationships these cases require. He handles cases personally, returns calls within 24 hours, and works on a contingency fee basis. His dual credentials as both a licensed attorney and a Certified Public Accountant also mean he understands the financial architecture of lifetime care settlements in ways most attorneys don't.
What does it cost to hire a birth injury attorney?
Nothing upfront. Michael Gunzburg, P.C. handles birth injury cases on a contingency fee basis, meaning attorney fees and case expenses, including expert witness costs, which can run $50,000 to $100,000 or more, are advanced by the firm. You pay nothing unless compensation is recovered. The contingency arrangement means any family, regardless of financial situation, can access experienced legal representation.
Areas We Serve
Michael Gunzburg, P.C. represents birth injury families throughout New York City and the surrounding region. Cases are handled in all five boroughs, Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as Nassau and Suffolk Counties on Long Island. The firm serves families whose children were delivered at teaching hospitals in Flushing and the Bronx, private hospital systems in Midtown Manhattan and Brooklyn Heights, community hospitals in Fordham and Flatbush, and birthing centers across the boroughs. If your child was born at an NYC Health + Hospitals facility, the 90-day Notice of Claim requirement makes early contact with an attorney especially time-sensitive.
Schedule Your Free Consultation With a Birth Injury Attorney in New York City
Your child's diagnosis is not the end of the story. It's the beginning of a fight for the resources, care, and justice your family deserves. Michael Gunzburg, P.C. offers a free, no-obligation consultation to review your case, explain your legal options, and give you an honest assessment of what your claim may be worth. There are no attorney fees and no case expenses unless the firm recovers compensation for you. Calls are returned within 24 hours. Given the 90-day Notice of Claim requirement for public hospital cases, time matters, don't wait to get answers. Call (212) 725-8500 or contact the firm online today. One conversation costs you nothing.