New York · Birth Injury: What Families Can Check
Birth Injury: What Families Can Check in New York
See If You Qualify
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Updated
02 · Where cases are heard
Where would my case be heard?
New York birth injury cases are litigated in Supreme Court (the trial court of general jurisdiction in New York) in the county where the negligence occurred. New York City's five boroughs—Manhattan (New York County), Brooklyn (Kings County), the Bronx, Queens, and Staten Island (Richmond County)—along with Nassau and Suffolk counties on Long Island are the highest-volume venues. New York does not require pre-suit notice for most birth injury claims, though 90-day pre-suit notice is required against public hospital systems such as NYC Health + Hospitals.
New York's medical malpractice statute of limitations is two years and six months from the act or omission, or from the end of continuous treatment by the defendant (CPLR § 214-a). For minors, CPLR § 208(a) extends the period during infancy, but in medical malpractice cases not beyond 10 years after the claim accrues.
New York has no cap on economic or non-economic damages in medical malpractice cases.
New York obstetric malpractice litigation frequently involves claims against major academic medical centers—NewYork-Presbyterian, Montefiore, NYU Langone, and SUNY Downstate—as well as community hospitals. Common theories include failure to timely identify and respond to fetal distress, delayed emergency C-section, misuse of Pitocin augmentation, and improper vacuum or forceps delivery. The Bronx is recognized as one of the most plaintiff-favorable venues in the country, with jurors historically returning the highest verdicts in obstetric malpractice cases.
How this works nationally
For the overall process and updates, read the Birth Injury: What Families Can Check overview. This page covers the local information available for New York.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in New York? Read what applies in your state.
Register your interest. If a participating law firm takes these cases, it may contact you.
Register your interest