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The birth of a child should be a moment of pure joy. But when medical negligence turns that moment into a lifetime of struggle, finding the best birth injury lawyer in NYC becomes the most important decision a parent will ever make.
Birth injury cases are among the most complex in the legal field. They require an attorney who understands not just the law, but the intricate science of obstetrics, neonatology, and neurology. You need an advocate who can pinpoint precisely when the standard of care was breached.
New York City is home to some of the nation's most formidable medical malpractice firms. Below, we review the top legal talent in the city for holding medical institutions accountable.
What Defines the Best Birth Injury Attorney in New York?
When reviewing this list, it is vital to understand that birth injury law is a sub-specialty. A general personal injury lawyer is often ill-equipped to handle these cases. The top attorneys share these traits:
- Specific Medical Knowledge: Deep understanding of conditions like Cerebral Palsy (CP), Hypoxic-Ischemic Encephalopathy (HIE), and Erb’s Palsy.
- Life Care Planning: The ability to calculate damages not just for today, but for 50+ years of future care, including therapy, housing, and specialized equipment.
- Trial Experience: Insurance companies know which firms settle for less and which firms are prepared to go to trial. You need a firm with a reputation for taking verdicts.
Top Birth Injury Lawyers in NYC: Leaders in the Field
1. The Jacob D. Fuchsberg Law Firm
Experience: 3 generations of advocacy
Recognition: Best Lawyers in America, Super Lawyers, National Trial Lawyers Top 100
Unique Practice: Complex Medical Malpractice + Human Rights Advocacy
The Jacob D. Fuchsberg Law Firm is distinct among NYC medical malpractice heavyweights. While they possess the financial resources of a large firm, they operate with the intimacy of a family practice. They are renowned for taking on cases that other firms find "too difficult", including those involving marginalized communities, municipal hospitals, and complex, rare medical diagnoses.
The "Fuchsberg Difference" in Birth Injury Litigation
The firm does not view a birth injury merely as a medical error; they view it as a violation of a family's trust and dignity. They utilize a network of elite independent medical experts — not just "hired guns" — to analyze fetal monitoring strips and delivery room logs to prove exactly where the medical team failed.
Jacob D. Fuchsberg Law Firm’s Proven Results in Birth Trauma
- $7.5 Million Settlement (Brain Injury): Secured for an infant who suffered permanent brain damage due to a doctor’s failure to perform a timely C-section despite signs of fetal distress.
- $6.395 Million Settlement (Delivery Negligence): Recovered for a child who sustained brain damage during a mismanaged delivery.
- $2.5 Million Settlement (Delayed C-Section): Represented a family whose child was born with neurological impairments because the delivery team ignored the window for a safe C-section.
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You Have Questions. We Have Honest Answers.
When you call The Jacob D. Fuchsberg Law Firm, you will get a private, compassionate conversation with a partner who genuinely cares about your story, not a sales pitch or a complicated legal lecture. We will listen to your experience, review the facts, and give you a straight, honest assessment of your options at no cost and with absolutely no obligation to hire us.
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2. Thomas A. Moore (Kramer, Dillof, Livingston & Moore)
Thomas A. Moore is a legend in the New York legal community and arguably one of the most successful trial lawyers in the country. As the senior partner at KDLM, he has secured some of the largest verdicts in state history, specifically for birth trauma.
Key recognition:
- Secured a historic $130 million verdict for a child with Cerebral Palsy in Suffolk County.
- His practice is almost exclusively dedicated to catastrophic medical liability, with a heavy focus on obstetrical errors.
3. The Fitzgerald Law Firm
For over 40 years, The Fitzgerald Law Firm has focused heavily on children's health issues, including birth injuries and lead paint poisoning. They are often cited for their specific focus on premature birth mismanagement and neonatal care failures.
Key recognition:
- Claims over $2 billion in total verdicts and settlements.
- Notable for a $94 million verdict involving failure to delay premature birth and administer lung-development medication.
4. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
This firm is a powerhouse in Manhattan, known for its rigorous case selection. They limit their caseload to ensure every client receives partner-level attention. Their results in birth injury litigation are among the highest in the state.
Key recognition:
- Secured a $103 million verdict for a child who suffered brain damage due to a delayed C-section.
- Regularly listed in Best Law Firms by U.S. News & World Report.
5. Wingate, Russotti, Shapiro, Moses & Halperin
A highly respected firm with a strong reputation in medical malpractice. They are known for their aggressive negotiation tactics and comprehensive life care planning for injured children.
Key recognition:
- Secured a $10 million settlement for failure to timely perform a Cesarean Section.
- Known for their compassionate approach to guiding parents through the litigation process.
Common Birth Injuries Actionable Under NY Law
Not every birth injury is malpractice. However, when a deviation from standard medical practices causes an injury, you have a case. We frequently handle claims involving:
- Cerebral Palsy (CP): Often caused by oxygen deprivation (hypoxia) during labor. If the medical team failed to read fetal heart monitor strips correctly, they may be liable.
- Erb’s Palsy (Brachial Plexus Injury): Caused when a baby's shoulder gets stuck behind the mother's pelvic bone (shoulder dystocia) and the doctor pulls too hard, tearing the nerves in the neck/arm.
- Hypoxic-Ischemic Encephalopathy (HIE): A type of brain damage caused by limited blood flow or oxygen to the brain near the time of birth.
- Untreated Jaundice (Kernicterus): Failure to treat high bilirubin levels can lead to permanent brain damage.
What Compensation Is Available for a Birth Injury?
A successful birth injury lawsuit is not about "winning the lottery"— it is about security. A child with severe CP or brain damage may require 24/7 care for the rest of their life. We hire forensic economists and life care planners to calculate:
- Future Medical Care: Costs for physical therapy, speech therapy, and surgeries until old age.
- Special Education & Housing: Costs for private tutoring, home modifications (ramps, lifts), and accessible vehicles.
- Pain and Suffering: Compensation for the child's diminished quality of life.
- Lost Earning Potential: If the injury prevents the child from ever working, we calculate the wages they would have earned over a lifetime.
The "10-Year Discovery Rule" for Birth Injuries
Parents are often worried they have missed the deadline to sue, but in New York, the rules for birth injuries are significantly different from standard negligence claims. While the standard medical malpractice statute of limitations is 2.5 years, New York law "tolls" or pauses this time limit for minors. Consequently, a lawsuit for a birth injury can generally be filed up until the child turns 10 years old.
However, simply because the law grants you time does not mean you should wait to use it. Delaying can be detrimental to your case as critical evidence often disappears, medical records get lost, and memories fade over the years. It is vital to contact The Jacob D. Fuchsberg Law Firm immediately so we can secure the specific evidence needed to prove your case, such as fetal monitoring strips and delivery logs, before they are purged by the hospital.
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Take Action Now: Free Birth Injury Case Review
If your child suffered a preventable birth injury at any New York hospital, time is critical. Evidence disappears, witnesses forget, and deadlines pass.
Don't let someone else's negligence limit your child's future. Contact the birth trauma lawyers at The Jacob D. Fuchsberg Law Firm today for a compassionate, free consultation. Let our family fight for yours.
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FAQ
Frequently Asked Questions
How much does a birth injury lawyer cost?
We work on a contingency fee basis. You pay $0 upfront. We advance all costs for medical experts, court filings, and investigations. We only get paid a percentage of the settlement or verdict if we win.
Can I sue a City Hospital (like Bellevue or Kings County)?
Yes, but the timeline is much shorter. To sue a municipal hospital (like HHC), you must typically file a Notice of Claim within 90 days of the birth. If you miss this window, you may be barred from suing. However, in infant cases, we can sometimes file a "late" notice with permission. Contact us immediately to assess your status.
What if my child wasn't diagnosed until years later?
This is common. Signs of Cerebral Palsy or developmental delays often don't appear until a child misses milestones (like walking or talking) at age 2 or 3. Because of the 10-year tolling rule, you likely still have a valid claim.
