Long Island Birth Injury Lawyer

The moment a birth injury diagnosis is confirmed, families are forced to process grief, medical uncertainty, and financial pressure all at once. Some of these injuries result from unavoidable complications. Others result from decisions made in the delivery room that fell below the standard of care that every patient deserves. Knowing the difference, and proving it, is what a Long Island birth injury lawyer is equipped to do.

Birth injuries caused by medical negligence carry consequences that can last a lifetime. Cerebral palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy, and other serious conditions often require years of therapy, adaptive equipment, specialized schooling, and ongoing medical intervention. The costs accumulate quickly. So does the burden on families who were not warned, not given informed consent, or not protected by the medical team they trusted.

Mark David Shirian P.C. represents families across Long Island and throughout New York who have been harmed by substandard obstetric and neonatal care. This is not a referral firm or a volume operation. Attorneys Mark D. Shirian and Shawn D. Shirian personally handle cases with the attention and strategic preparation that birth injury litigation demands.

Why Mark David Shirian P.C. Handles Long Island Birth Injury Cases Differently

Founded in 2016, Mark David Shirian P.C. was built on a single premise: help those who have been wronged. The firm has recovered millions on behalf of clients across New York, and it operates with the strategic depth of a larger firm while maintaining the one-on-one attention of a boutique practice. When you work with this firm, you are not handed off to a paralegal or a junior associate. You work directly with attorneys who are assertive in negotiations and prepared to take a case to trial when that is what the outcome requires.

Client reviews of the firm consistently highlight responsiveness, attention to detail, and attorneys who fight hard without leaving clients in the dark about where their case stands. In birth injury matters, that kind of communication matters. Families dealing with a child’s serious diagnosis need a legal partner who keeps them informed at every stage, not one who surfaces only at settlement time. Mark D. Shirian and Shawn D. Shirian bring both the legal firepower and the personal accountability that cases of this magnitude require.

Birth injury litigation against hospitals and healthcare systems in New York is not straightforward. These institutions carry well-resourced legal teams whose job is to minimize payouts and deflect liability. The firm’s honest, creative approach to case strategy, combined with a demonstrated track record across complex litigation, positions families to stand on equal footing against those institutions.

Birth Injuries That May Stem From Medical Negligence on Long Island

• Cerebral Palsy: Often linked to oxygen deprivation during labor and delivery, cerebral palsy may result from a failure to monitor fetal heart rate, delayed emergency intervention, or mismanaged prolonged labor at hospitals such as those in Nassau and Suffolk Counties.
• Brachial Plexus Injuries and Erb’s Palsy: These nerve injuries occur when excessive force is applied during delivery, particularly in shoulder dystocia situations where a physician fails to use proper obstetric maneuvers, causing lasting arm weakness or paralysis in the newborn.
• Hypoxic-Ischemic Encephalopathy (HIE): This form of brain damage caused by oxygen deprivation can result from a failure to perform a timely C-section, improper use of Pitocin, or misread fetal monitoring strips during labor at any Long Island delivery facility.
• Facial Nerve Damage: Improper application of forceps or vacuum extraction devices during assisted delivery can compress or tear facial nerves, resulting in partial or complete facial paralysis in the newborn.
• Meconium Aspiration: When medical staff fail to recognize or respond to signs of fetal distress, a newborn may inhale meconium-stained amniotic fluid, leading to respiratory complications that can cause permanent lung or brain damage.
• Premature Birth Negligence: Failure to recognize or treat warning signs of preterm labor, including infections and preeclampsia, at Long Island prenatal care facilities may result in preventable premature delivery and associated complications.
• Failure to Diagnose Maternal Conditions: Unmanaged gestational diabetes, Group B Strep infections, or placental abnormalities that are missed during prenatal monitoring can create dangerous delivery conditions that injure both mother and child.

What Long Island Families Should Do After a Suspected Birth Injury

The first and most important step is to request complete copies of all medical records from every provider involved in the pregnancy and delivery. In New York, you have a right to these records, and they are the foundation of any birth injury claim. Request records from the ob-gyn, the hospital’s labor and delivery unit, the neonatal intensive care unit if applicable, and any consulting specialists. Do this promptly. Medical records are sometimes incomplete, amended, or difficult to reconstruct after time has passed.

New York’s medical malpractice statute of limitations generally requires that a claim be filed within two and a half years from the date of the alleged malpractice. However, for cases involving injuries to a child, New York law provides a tolling provision that may extend the deadline based on the child’s age. These deadlines are case-specific and fact-dependent. Do not assume the longest possible window applies to your situation without first consulting a birth injury attorney in Long Island who can evaluate the specific timeline of your case.

Birth injury cases in New York are handled through the state Supreme Court, which sits in both Nassau County and Suffolk County. Nassau County Supreme Court is located in Mineola, and Suffolk County Supreme Court is located in Riverhead. Medical malpractice actions require a Certificate of Merit under New York law, which means your attorney must consult with a qualified medical professional before filing and certify that the claim has a reasonable basis. This is a procedural requirement that underscores why retaining counsel early in the process is critical.

Gather documentation of every expense and developmental setback your child has experienced since the injury. Therapy records, specialist evaluations, school accommodation plans, and any assessments from developmental pediatricians all support the damages portion of your claim. Families sometimes undervalue the long-term cost of a birth injury because they are focused on the immediate crisis. A properly documented claim accounts for lifetime care projections, not just current bills.

One of the most common mistakes families make is waiting to see how a child develops before pursuing a claim. While that instinct is understandable, it can cost the case critical evidence and bring you closer to filing deadlines. Getting a legal evaluation does not mean you are committing to litigation. It means you are preserving your options.

How New York Birth Injury Claims Are Built and Contested

Medical malpractice claims, including birth injury cases, turn on a specific legal question: did the healthcare provider’s conduct fall below the accepted standard of care, and did that departure cause the child’s injury? Both elements must be proven. In birth injury litigation, this requires expert testimony from obstetricians, neonatologists, maternal-fetal medicine specialists, or pediatric neurologists depending on the nature of the injury.

Defense attorneys for hospitals and physicians will typically argue one or both of the following: that the injury was caused by an unavoidable complication unrelated to any negligence, or that the child’s condition existed before labor began. Responding to these arguments requires a thorough review of fetal monitoring strips, nursing notes, physician orders, and the sequence of events during labor and delivery. The timeline of what was done, and more importantly what was not done, often carries the case.

Long Island has a significant concentration of hospital systems, including those affiliated with major academic medical centers in New York City, which means some birth injury defendants have access to sophisticated legal resources. Southside Hospital, Good Samaritan Hospital Medical Center, Stony Brook University Hospital, Nassau University Medical Center, and others handle high volumes of deliveries. Higher volume does not mean higher safety, and institutional size does not insulate a hospital from accountability when its staff falls short of what the standard of care requires.

Damages in a birth injury case encompass more than medical bills. They include the projected cost of long-term care and therapy, adaptive equipment and home modifications, lost earning capacity for the child, pain and suffering, and in some cases compensation for the family’s extraordinary caregiving role. New York allows recovery for these categories, and properly valuing them requires a combination of expert analysis and detailed fact-finding about the specific child’s prognosis and needs.

Questions Long Island Families Ask About Birth Injury Claims

How do I know whether my child’s injury was caused by medical negligence?

The only reliable way to know is to have a medical professional with expertise in obstetrics or neonatology review the medical records from your pregnancy and delivery. Birth injuries can result from unavoidable complications, but they can also result from failures to monitor, respond, or intervene. A legal team working with qualified medical reviewers can assess whether the care provided met the applicable standard.

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

New York’s general medical malpractice deadline is two and a half years from the date of the negligent act. For injuries to minors, New York tolls certain deadlines based on the child’s age. However, these rules have exceptions and depend heavily on the specific facts of the case. The safest approach is to consult with a Long Island birth injury attorney as early as possible rather than assuming a particular deadline applies.

Can I sue a hospital and an individual doctor in the same case?

Yes. In New York, you can name multiple defendants in a single medical malpractice action. Hospital systems can be held liable for the negligence of their employed staff, and in some cases for the negligence of independent contractors working within the facility, depending on how the relationship and the circumstances are structured. An attorney handling birth injury cases will evaluate which parties bear potential liability.

What if my child’s injury was not diagnosed until months or years after birth?

This is common in birth injury cases. Developmental delays, cognitive impairments, and certain forms of cerebral palsy may not become clinically apparent until a child misses developmental milestones months after birth. New York’s tolling rules for minors can provide additional time in these situations, but the specific timeline still matters and should be reviewed promptly once a connection to birth events is suspected.

Will this case have to go to trial?

Most medical malpractice cases, including birth injury claims, resolve through negotiated settlements before reaching trial. However, that outcome depends on both parties reaching acceptable terms. Hospitals and their insurers are motivated to settle cases they assess as strong for the plaintiff. If settlement negotiations do not produce a fair result, the case proceeds to trial. Mark David Shirian P.C. prepares every case as though it will go to trial, which affects how opposing parties respond during settlement discussions.

How long does a birth injury lawsuit typically take in Nassau or Suffolk County?

Complex medical malpractice cases in Nassau and Suffolk County courts commonly take several years from filing to resolution. The discovery process alone, which involves exchanging medical records, taking depositions of physicians and nurses, and retaining medical experts, can span a year or more. Court scheduling and motion practice add additional time. Families should plan for a multi-year process, though interim decisions, such as whether to accept a settlement offer, can arise at various points along the way.

Can we still recover compensation if our child received some care that was appropriate and some that was not?

Yes. The presence of some appropriate care does not immunize a medical provider from liability for the portions that fell below the standard. New York applies comparative fault principles, but in a medical malpractice context, what matters is whether a specific departure from the standard of care caused or contributed to the injury. A thorough expert review can isolate which decisions or failures were causally connected to the harm.

What if the hospital claims the injury was caused by a pre-existing genetic condition?

This is a defense that hospitals and physicians frequently raise in birth injury litigation. It requires a careful response, typically from geneticists and neurologists who can evaluate whether the clinical presentation is consistent with a genetic origin or whether the evidence points to an intrapartum event such as oxygen deprivation during labor. These are contested factual and medical questions that expert testimony resolves at trial or during settlement negotiations.

Does it matter which Long Island hospital my delivery took place at?

The specific facility matters for identifying the correct defendants, obtaining complete records, and understanding what protocols and staffing were in place at the time of delivery. Hospital systems in Nassau and Suffolk Counties are affiliated with different credentialing bodies and carry different insurance structures. None of that changes the legal standard you are entitled to hold them to, but it can affect the tactical approach your attorney takes in building the case.

Are there any upfront costs to pursue a birth injury claim?

Mark David Shirian P.C. handles personal injury and malpractice cases on a contingency fee basis, meaning there are no upfront legal fees. The firm is compensated as a percentage of the recovery if the case is successful. Families dealing with the financial weight of a child’s birth injury should not face a barrier to accessing legal representation because of cost.

Representing Birth Injury Families Across Long Island and New York

Mark David Shirian P.C. serves clients throughout Long Island, from the communities of Hempstead, Garden City, and Mineola in Nassau County to Huntington, Babylon, Islip, Smithtown, and Riverhead across Suffolk County. Families in Freeport, Valley Stream, Lynbrook, Rockville Centre, and Massapequa are within the firm’s reach, as are those in Commack, Hauppauge, Brentwood, Copiague, Amityville, and Bay Shore. The firm also represents families in the North Shore communities of Great Neck, Manhasset, Port Washington, and Roslyn, as well as the South Shore towns of Long Beach and Oceanside. Clients from the East End, including Patchogue, Medford, Centereach, and communities closer to the Hamptons, are also welcome to reach out. Because birth injury cases often involve New York City-affiliated hospital systems, the firm’s New York City presence complements its Long Island practice, giving families access to attorneys who are comfortable litigating in courts across the region.

Speak With a Long Island Birth Injury Attorney About Your Family’s Case

A birth injury changes everything a family planned for. The medical appointments, the therapy schedules, the questions about what the future holds for a child who deserved a healthy start but did not get one. A Long Island birth injury attorney at Mark David Shirian P.C. can help your family understand what happened, who bears responsibility, and what a legitimate legal claim could mean for your child’s future. Call for a confidential case evaluation. There is no obligation, and no upfront cost to speak with us about your situation.