Brooklyn Birth Injury Lawyer

A birth injury is not the same as a birth defect. That distinction matters, and it shapes everything about whether a family has a viable legal claim. Birth defects typically arise from genetic or developmental factors beyond anyone’s control. Birth injuries, on the other hand, result from something that went wrong during labor, delivery, or the immediate hours after birth. A medical provider made a choice, or failed to make one, and a child paid for it. When families in Brooklyn begin to understand what actually happened during delivery, they often discover that what they were told was “just one of those things” was, in fact, a preventable error. A Brooklyn birth injury lawyer at Mark David Shirian P.C. works to help families uncover the full picture and hold responsible parties accountable.

Brooklyn presents a particular landscape for birth injury cases. The borough is served by several major hospital systems including Kings County Hospital Center, NYU Langone Hospital – Brooklyn, NewYork-Presbyterian Brooklyn Methodist, and Maimonides Medical Center, among others. These are high-volume facilities. Volume is not inherently a problem, but it creates conditions where staffing shortcuts, communication failures, and procedural oversights are more likely to occur. When a laboring patient does not receive adequate monitoring, when a fetal heart rate pattern indicating distress goes unaddressed too long, or when a vacuum or forceps delivery is performed incorrectly, the results can include brain damage, nerve injuries, and conditions that affect a child for the rest of their life.

Families pursuing these claims face an uphill road without legal support. Hospitals have legal and risk management teams whose job begins the moment an adverse outcome is documented. The medical records are in the hospital’s possession. The nurses and physicians involved work for or with the hospital. Getting an honest accounting of what happened requires experienced pressure from someone who knows where to look and what the records should show against what they do show. At Mark David Shirian P.C., attorneys Mark D. Shirian and Shawn D. Shirian approach birth injury cases with the same assertive, detail-oriented mindset that has produced millions recovered on behalf of clients across New York.

Birth Injuries Brooklyn Families Should Know About

• Hypoxic-Ischemic Encephalopathy (HIE): A brain injury caused by oxygen deprivation during labor or delivery, HIE is one of the most severe and preventable birth injuries. It often results from delayed response to fetal distress signals on a fetal monitor, a failure to perform a timely cesarean section, or mismanagement of umbilical cord complications.
• Brachial Plexus and Erb’s Palsy Injuries: These nerve injuries occur when a baby’s shoulder becomes lodged against the mother’s pelvis during delivery, a complication called shoulder dystocia. Excessive force or improper technique during extraction can stretch or tear the brachial plexus nerves, leaving a child with weakness, limited movement, or paralysis in the arm and hand.
• Cerebral Palsy Related to Birth Trauma: Not all cerebral palsy is caused by medical negligence, but a significant portion is linked to oxygen deprivation or physical trauma during delivery. Cases involving delayed diagnosis of fetal distress, prolonged labor mismanagement, or failure to recognize maternal or fetal risk factors warrant close examination.
• Skull Fractures and Intracranial Hemorrhage: Improper use of assistive delivery tools, specifically vacuum extractors and forceps, can cause skull fractures or bleeding inside the skull. These injuries range from mild to catastrophic depending on the severity of the trauma and the speed of intervention after delivery.
• Infections from Failure to Screen or Treat: Group B Streptococcus (GBS) is routinely screened in late pregnancy because it can cause severe newborn infection if transmitted during delivery. Failure to test, failure to communicate results, or failure to administer antibiotics when indicated can result in life-threatening infections for the newborn.
• Medication Errors During Labor: Oxytocin (Pitocin) is commonly used to induce or augment labor, but improper dosing can cause hyperstimulation, placing dangerous stress on the baby. Errors in administering epidurals or other medications can also create serious maternal and fetal complications.
• Wrongful Death of a Newborn: Some birth injuries are fatal. When a newborn dies due to complications that should have been prevented or detected, families may pursue a wrongful death claim in addition to claims related to the birth injury itself. New York law provides specific remedies in these circumstances.

What Brooklyn Families Should Do After a Suspected Birth Injury

The first thing to understand is that New York’s medical malpractice statute of limitations, generally two and a half years from the date of the negligent act, is not your only deadline concern. For claims on behalf of a minor child, the statute of limitations may be tolled in certain circumstances, but there are nuances that depend on the specific facts, including whether a claim is being brought against a municipal hospital like Kings County Hospital Center, which operates under the New York City Health and Hospitals Corporation. Claims against municipal facilities may require filing a Notice of Claim within 90 days of the injury. Missing this deadline can permanently bar a family’s claim, even if the underlying case is strong. Getting an attorney involved early, long before any statute of limitations expires, is the single most important practical step a family can take.

While your child is receiving treatment, keep a detailed personal log of everything: symptoms, diagnoses given by different providers, what you were told and by whom, and any changes in your child’s condition over time. Request complete copies of all medical records from every provider involved in the prenatal care, labor, delivery, and immediate postpartum period. You are legally entitled to these records. Do not assume the hospital will proactively share everything relevant. Fetal monitoring strips, nursing notes, medication administration records, and delivery room documentation are all critical and sometimes the most telling pieces of evidence.

Brooklyn birth injury cases are handled by the Kings County Supreme Court, located at 360 Adams Street in Downtown Brooklyn. Medical malpractice claims, including birth injury claims, are filed in the Supreme Court and typically involve a certificate of merit requirement, meaning an attorney must affirm that a qualified medical expert has reviewed the facts and believes there is a reasonable basis for the claim. This early expert review process, while an added step, also serves as an honest filter, helping families understand from the outset whether the evidence supports the theory of negligence being advanced. At Mark David Shirian P.C., we work directly with medical experts to evaluate each case before moving forward.

One of the most common mistakes families make is waiting to see how the child develops before pursuing legal advice. Injuries like cerebral palsy and HIE often become clearer in their extent as a child grows, but the legal clock does not wait. Another mistake is speaking with the hospital’s patient relations department or signing documents from the hospital without first consulting an attorney. Those conversations are not privileged, and anything said can potentially be used against the family later.

How Damages Are Calculated in a Brooklyn Birth Injury Case

Birth injury damages can be substantial, and rightly so, because the impact of a serious birth injury extends over a lifetime. Courts and juries in New York evaluate both economic and non-economic damages. On the economic side, the calculation looks at projected lifetime medical care costs, including surgeries, therapies, specialist visits, assistive devices, and home care or institutional care. For a child with severe brain damage who will require full-time care for decades, these projections can run into the millions. Life care planners and vocational economists are often retained as expert witnesses to model out these costs in a way that is credible and documented.

Lost earning capacity is also a compensable element. A child who suffers a birth injury that will limit their ability to work in adulthood has suffered a real economic loss, even if they are currently an infant. New York courts permit this type of future damages claim, and the projections involve actuarial and economic analysis based on the child’s demonstrated capacities and limitations.

Non-economic damages cover pain and suffering, loss of enjoyment of life, and related harms that do not come with a receipt but are no less real. New York does not impose a statutory cap on medical malpractice damages for non-economic losses, which distinguishes it from some other states. However, courts will scrutinize whether a non-economic damages award is supported by the evidence, and defendants routinely challenge awards they view as excessive on appeal. Having documentation, expert testimony, and a well-constructed case narrative matters considerably for this category of damages.

Parents may also have derivative claims for their own losses, including loss of the child’s services and, in cases where a parent was directly injured during a negligent delivery, their own pain and suffering. The full damages picture in a birth injury case is complex and requires a systematic approach from the outset, not an afterthought once liability is established.

What Brooklyn Families Actually Ask About These Cases

How do I know whether my child’s injury is actually the result of malpractice?

The honest answer is that you often cannot tell on your own, and that is not a failure on your part. Medical records contain clinical shorthand and technical detail that requires someone trained in both obstetrics and litigation to interpret. What looks like routine documentation may contain entries showing that a warning sign was noted and then nothing was done. A birth injury attorney works with obstetricians, neonatologists, and other experts to compare what the records show against what the applicable standard of care required. That analysis is what separates a general concern from an actionable claim.

What is the statute of limitations for a birth injury claim in New York?

New York’s general medical malpractice limitations period is two and a half years from the date of the act or omission. For claims brought on behalf of a minor, special tolling rules may apply, but they are not unlimited, and certain procedural requirements, particularly for claims involving municipal hospitals, have much shorter deadlines. A 90-day Notice of Claim requirement applies to public hospital defendants. Do not rely on assumptions about tolling to delay getting legal advice. The safest approach is to contact an attorney as soon as you suspect negligence occurred.

Can I sue the hospital even if the doctor who delivered my child was not a hospital employee?

Potentially, yes. The relationship between hospitals and the physicians who deliver babies there is legally complex. Even if an obstetrician is technically an independent contractor rather than a hospital employee, if the hospital held that physician out to the patient as part of its medical staff, and the patient reasonably believed they were being treated by the hospital, the hospital may still face liability under an apparent agency theory. This is a fact-specific inquiry, and the contracts between the hospital and its affiliated physicians will be relevant. It is one reason why naming all potential defendants at the outset of litigation matters.

My child was diagnosed with Erb’s palsy. The hospital told us it was unavoidable. Is that true?

Shoulder dystocia, the complication most commonly associated with Erb’s palsy, can in some cases occur even with optimal care. However, “unavoidable” is a claim hospitals make early and often, and it is not always accurate. Risk factors for shoulder dystocia, including fetal macrosomia, gestational diabetes, and prior delivery complications, are frequently identifiable in advance. Whether the provider adequately counseled the patient about those risks, considered an elective cesarean, and then responded correctly when dystocia occurred during delivery are all questions that need to be examined carefully with qualified experts before accepting the hospital’s characterization of events.

What is a certificate of merit, and does my attorney need one before filing?

New York requires that in any medical malpractice action, the attorney filing the complaint either attach a certificate from a medical expert confirming a reasonable basis for the claim, or affirm that they were unable to consult with an expert due to time constraints, in which case the certificate must be filed within 90 days. This requirement exists to discourage frivolous malpractice filings. In practice, a reputable birth injury attorney will conduct the expert review before filing, both to satisfy the requirement and to confirm the case has merit before committing a family to litigation.

How long does a birth injury case typically take in Brooklyn?

Birth injury cases are among the more complex forms of civil litigation in New York. From filing to resolution, these cases often take several years. The discovery process involves obtaining and reviewing thousands of pages of medical records, deposing multiple expert and fact witnesses, and exchanging complex expert reports. Kings County Supreme Court has its own calendar and scheduling practices, and medical malpractice cases routinely involve numerous pretrial motions. Some cases settle during or after discovery; others go to trial. Families should enter the process understanding that patience and persistence are part of it, and that a rushed resolution usually does not serve the child’s long-term interests.

Can I pursue a birth injury claim if my child’s injury was not discovered until years after birth?

This is a genuinely complicated question, and the answer depends on when the injury was discovered, what the injury is, who the defendant is, and whether any applicable tolling provisions apply. Some birth injuries, particularly neurological ones, are not fully diagnosed until developmental milestones are missed during early childhood. New York’s discovery rule and tolling provisions for minors create some flexibility, but they are not indefinite. Consulting with an attorney promptly upon receiving a diagnosis that may be connected to birth circumstances is essential.

What happens to the settlement or judgment if my child wins?

In New York, when a minor receives a recovery from a personal injury or medical malpractice case, the funds are not simply handed to the parents. Courts oversee the structure of minors’ settlements, and proceeds are typically placed in a structured settlement or held in trust until the child reaches adulthood, unless the court approves a different arrangement. For substantial recoveries involving children with ongoing care needs, structured settlements are often designed to ensure funds are available as needed throughout the child’s life. The court must approve any settlement on behalf of a minor, which provides an additional layer of protection for the child.

Does it matter which hospital in Brooklyn was involved?

It can matter for procedural purposes. Kings County Hospital Center, as part of New York City Health + Hospitals, is a public institution. Claims against public entities in New York require the filing of a Notice of Claim within 90 days, a step that does not apply to private hospitals. Missing this deadline in a case involving a municipal hospital can eliminate the claim entirely. The defendant hospital’s ownership status affects the procedural roadmap from the very beginning, which is one reason why identifying all potential defendants and their institutional status is an early and critical task.

How does Mark David Shirian P.C. handle the cost of bringing a birth injury case?

Birth injury litigation requires substantial investment in expert witnesses, medical record review, depositions, and court costs. Mark David Shirian P.C. handles personal injury cases on a contingency fee basis, meaning the firm advances the costs of litigation and is only paid when a recovery is obtained. Families do not need to pay out of pocket to pursue a legitimate claim, and a consultation to evaluate the case is confidential and carries no obligation.

Serving Birth Injury Clients Across Brooklyn and New York City

Mark David Shirian P.C. represents families across Brooklyn and throughout New York City and New York State. In Brooklyn specifically, the firm serves families from Bay Ridge, Bensonhurst, Borough Park, Bushwick, and Canarsie, as well as Crown Heights, East Flatbush, East New York, Flatbush, and Flatlands. Families from Greenpoint, Kensington, Marine Park, Midwood, Park Slope, and Prospect Heights can also reach the firm for birth injury representation, as can those in Red Hook, Sheepshead Bay, Sunset Park, Williamsburg, and Wingate. Beyond Brooklyn, the firm extends its representation to clients in Manhattan, the Bronx, Queens, and Staten Island, as well as communities across New York State where families may have delivered at hospitals connected to birth injuries. No matter which Brooklyn neighborhood or New York City borough a family lives in, geographic location is not a barrier to pursuing a birth injury claim.

Speak with a Brooklyn Birth Injury Attorney About Your Family’s Situation

Families dealing with a birth injury are carrying something that no one should have to carry alone. The medical complexity, the financial uncertainty, and the emotional weight of watching a child struggle with something preventable combine into a burden that requires real support and real legal knowledge. A Brooklyn birth injury attorney at Mark David Shirian P.C. can help you understand what the medical records actually show, whether the care your family received fell below the standard required, and what your legal options look like going forward. Attorneys Mark D. Shirian and Shawn D. Shirian bring the same assertive, client-focused approach to every birth injury matter that has defined this firm since its founding in 2016. Call the firm today for a confidential case evaluation and start getting the answers your family deserves.