Birth Injury Lawyers in Queens
Injuries to mothers and newborns caused by mismanaged labour and delivery. Free consultation, and no fee unless we win.
A different area of law, and a different clock
A birth injury claim is a medical malpractice claim, which means it is governed by different rules from an ordinary accident case. In New York the general deadline is two years and six months from the act complained of, rather than three years.
For an infant, the period is tolled — but subject to an overall limit of ten years from the date of the malpractice. Where the claim is against a public hospital, a notice of claim within 90 days is generally required as well. These interact in ways that are genuinely difficult, and getting them wrong is unforgiving.
Not every difficult birth involves negligence, and a poor outcome alone does not establish a claim. What these cases require is a careful review of the records by an appropriately qualified medical expert against the standard of care. That is where an assessment starts.
How Davidov & Cohen can help
We take the administrative weight off you and put the case on a footing where the other side has a reason to deal with it properly.
We obtain the complete record
Foetal monitoring strips, nursing notes, medication charts and the full antenatal file. What is missing from a record is sometimes as telling as what is in it.
We have it reviewed by the right specialist
An obstetric or neonatal expert reviews the care against the standard expected. We do not press a claim the medicine does not support.
We assess lifetime needs
Where an injury is permanent, the value lies in future care, therapy and equipment. That requires proper costing rather than a guess.
We prepare it as a trial case
Most claims settle. They settle for more when the file is built as though it will be tried, and the other side knows it.
Birth injury cases we handle
- Oxygen deprivation and HIE
- Cerebral palsy
- Brachial plexus and Erb's palsy
- Delayed or mismanaged caesarean
- Foetal monitoring failures
- Improper use of forceps or vacuum
- Untreated maternal infection
- Undiagnosed pre-eclampsia
- Shoulder dystocia injuries
- Medication errors in labour
- Maternal haemorrhage injuries
- Failures in neonatal care
How long you have to file
Medical malpractice in New York generally carries a deadline of two years and six months. For an infant the period is tolled, subject to an overall limit of ten years from the malpractice. A claim against a public hospital usually also requires a notice of claim within 90 days. These rules interact and the exceptions are narrow, so an early conversation is worthwhile even if you are only considering it.
Common questions
How do I know whether it was negligence or just a bad outcome?
Often you cannot know without a specialist reviewing the records, and that is precisely what an assessment is for. Many difficult births involve no negligence at all, and we will tell you that if it is what the records show.
My child is several years old now. Is it too late?
Possibly not. The infancy toll can extend the period considerably, subject to the ten-year outer limit, though a claim against a public hospital is more constrained. It is worth checking rather than assuming.
Will we have to sue the doctor personally?
Claims are usually brought against the practitioners and the hospital or practice, and are defended by insurers. The process is far less personal than people expect.
What is the case actually worth?
Where an injury is lifelong, most of the value lies in future care, therapy, equipment and lost earning capacity rather than in a single figure for the injury itself. That has to be properly costed, and we do not put a number on it before it is.
What does it cost to hire you?
Nothing up front. We work on a contingency fee, so our fee comes out of a recovery and there is no fee if there is no recovery. The consultation is free.
Tell Us What Happened
Free consultation. No fee unless we win. We'll get back to you the same day.
Millions Recovered for Injured New Yorkers
At Davidov & Cohen Law, we are proud to have recovered millions of dollars in compensation for our clients who have suffered injuries due to the negligence of others. Our dedicated legal team has successfully handled a wide range of personal injury cases, including motor vehicle accidents, slip and falls, construction site injuries, and more.
We understand the physical, emotional, and financial toll that an injury can take, which is why we fight tirelessly to secure the maximum compensation our clients deserve. Through aggressive negotiation and skilled litigation, we hold negligent parties accountable and help our clients rebuild their lives.
Every case we take on is pursued with determination and personalized attention. When you choose Davidov & Cohen Law, you are choosing experienced advocates committed to achieving justice for you and your family.
What Our Clients Say
After losing hope, I had the good fortune of getting in touch with David & Ben. They treated me as family with genuine personal care. Their knowledge & expertise exceeded my expectations.
This firm handled my case so quick and efficiently. They were able to get me the max settlement in only 3 months after my accident.
Excellent attorneys. Transparent and professional. Got my settlement for full policy within 4 months of my accident. Thank you David. Highly recommend!!!