Birth Injury Lawyer Pittsford, NY

Did a preventable medical error harm your baby during birth near Pittsford?

Compassionate birth injury attorneys helping Pittsford families hold negligent providers accountable.

Few experiences are more devastating than learning your child was injured during birth by a mistake that never should have happened. In those moments, families deserve answers, accountability, and the resources to care for a child who may need lifelong support. A birth injury lawyer in Pittsford, NY, at Jacobson Injury Firm investigates what went wrong, consults the right medical experts, identifies every responsible party, and pursues the full compensation your family needs. Because these claims fall under New York’s medical malpractice rules, they are among the most complex injury cases in the state, and attorney Adam Jacobson, licensed in New York, handles them with the seriousness and care they demand. Contact us for a free, confidential consultation.

Birth Injury Lawyer Pittsford, NY

A birth injury is harm a baby or mother suffers during pregnancy, labor, or delivery. Some complications are genuinely unavoidable, but others occur because a doctor, nurse, or hospital failed to meet the accepted standard of medical care, and that distinction is what a birth injury claim turns on. Pittsford families access delivery care at Strong Memorial Hospital’s Golisano Children’s Hospital, one of the premier neonatal and pediatric centers in the region, as well as Rochester General Hospital, Unity Hospital, and other area facilities where births occur. When care at any of these facilities falls short, the harm to a child or mother can be permanent and profound. A birth injury claim is a specialized form of Pittsford medical malpractice, and matters that proceed to litigation are heard in Monroe County Supreme Court, part of New York’s 7th Judicial District.

Types of Birth Injuries We Handle

Birth injuries take many forms, and the specific circumstances shape both the liability analysis and the care a child will need going forward:

• Oxygen deprivation injuries. When a baby’s oxygen supply is interrupted during labor or delivery, the result can be a serious Pittsford traumatic brain injury such as hypoxic-ischemic encephalopathy (HIE), which can cause lasting cognitive, motor, and behavioral impairment.
• Cerebral palsy. One of the most common severe birth injuries, sometimes linked to preventable hypoxia, infection, or trauma during delivery.
• Brachial plexus injuries and Erb’s palsy. Nerve damage to the shoulder and arm often caused by excessive traction or improper handling during a difficult delivery.
• Fractures and physical trauma. Broken bones and soft-tissue injuries caused by improper use of forceps, vacuum extraction, or manual delivery techniques.
• Maternal injuries. Failure to diagnose or treat infections such as Group B strep, pre-eclampsia, hemorrhage, or other conditions that can cause serious, lasting harm to the mother.

New York’s Rules for Birth Injury Claims

Because a birth injury is a form of medical malpractice, New York’s strict malpractice procedures apply from the outset. Under CPLR § 214-a, the standard 2.5-year malpractice statute of limitations applies to the underlying negligent act. For injured children, however, New York’s infancy tolling rule under CPLR § 208 pauses the 2.5-year clock until the child turns 18. There is, critically, an absolute outer cap: regardless of tolling, the claim must be brought within 10 years of the negligent act. A child injured at birth therefore has until age 10, not age 20.5, to file. This outer cap is often misunderstood and, if missed, can permanently bar a claim that would otherwise have been viable for many years.

New York also requires a certificate of merit under CPLR § 3012-a, meaning the attorney must file a certificate confirming consultation with a qualified medical expert who found a reasonable basis for the claim. And unlike some states, New York imposes no cap on malpractice damages, which matters enormously for birth injury cases where the true cost of a child’s lifetime care can run into the millions.

Why Choose Jacobson Injury Firm for Your Birth Injury Case?

A Scientific Background That Matters

Birth injury cases turn on technical medical evidence and causation, which is exactly where Adam Jacobson’s background stands out. Along with his law degree from Florida International University College of Law and bar admissions in New York, Florida, Connecticut, and Illinois, he holds a Bachelor of Science in Biotechnology with a minor in Immunology. That scientific foundation helps him work through detailed delivery and prenatal records, understand what the expert evidence reveals about causation, and challenge a defense expert’s conclusions effectively.

Direct, Personal Representation

Birth injury cases are never just legal claims; they are families trying to understand what happened and secure what their child will need for a lifetime. Adam handles every case personally, keeping families informed and supported rather than passing them between staff. He has recovered millions of dollars for injured clients and families, and is based in the Pittsford community.

No Fee Unless We Win

Birth injury cases are handled on a contingency fee basis, so there is no retainer and no hourly billing, and a fee is owed only if we recover for you. For the full range of matters we handle, see our Pittsford personal injury lawyer overview.

Understanding Damages Under New York Law

A birth injury can carry costs that last an entire lifetime, and compensation is meant to reflect that full scope of harm. Recoverable damages may include all past and future medical care, therapy and specialized equipment, long-term in-home or residential care, and lost earning capacity for a child whose ability to work is permanently affected. Families may also recover for pain and suffering, cognitive and emotional impairment, and the loss of normal life’s activities. Because New York does not cap malpractice damages, a recovery can reflect the actual, projected lifetime cost of the harm, which matters enormously for conditions like cerebral palsy that can require care well into adulthood. The most severe cases can also give rise to a Pittsford wrongful death claim.

Proving a Birth Injury Case in New York

Establishing liability requires showing that the provider’s care fell below the accepted medical standard and that this failure directly caused the injury. This demands a thorough review of the complete prenatal, delivery, and postnatal records by qualified experts across the relevant specialties, and the preparation of the certificate of merit that New York law requires. Because the effects of some birth injuries, particularly subtle neurological ones, may not become fully apparent until the child is older, and because the 10-year outer cap can arrive before families fully realize the severity of the harm, speaking with a birth injury attorney early is important to preserve both the evidence and the legal rights.

The Birth Injury Case Timeline

We obtain and review the complete medical records, retain experts with birth-injury experience across obstetrics, neonatology, and pediatric neurology as needed, and prepare the certificate of merit required by New York law. We file the complaint, submit a demand, and negotiate toward a fair settlement. If the matter does not resolve, we move into discovery and prepare for trial. The case resolves through a negotiated settlement or, when necessary, a jury verdict.

Important New York Legal Resources

New York law sets the framework for these claims. The 2.5-year statute of limitations and infancy tolling appear in CPLR § 214-a, the certificate of merit requirement in CPLR § 3012-a, pure comparative fault under CPLR § 1411 applies where relevant, and claims against public hospitals require a Notice of Claim within 90 days. The Brain Injury Association of America offers resources for families dealing with the most serious neurological injuries.

Birth Injury Lawyer FAQs

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

Determining whether a birth injury was preventable requires review of the complete delivery and prenatal records by a qualified medical expert who can assess whether the provider’s care met the accepted standard. An attorney and the right experts make that determination together, which is also what the certificate of merit process requires. You do not need to gather records before reaching out; we handle that as part of evaluating the claim.

How long do I have to file a birth injury claim in New York?

New York tolls the 2.5-year malpractice clock for minor children until age 18, but imposes an absolute 10-year outer cap from the date of the negligent act. A child injured at birth has until age 10 to file. This outer cap is often not understood and can permanently bar a claim, so it is important to have the specific dates reviewed by an attorney well before the deadline.

Does New York cap birth injury or malpractice damages?

No. New York does not cap non-economic damages in malpractice cases. A recovery can reflect the full, actual harm, including the projected lifetime care costs for conditions like cerebral palsy.

Should I request medical records before calling a lawyer?

You do not need to gather anything before reaching out. We obtain and review the complete delivery and prenatal records as part of evaluating the claim. Acting sooner helps preserve evidence and protects the deadlines that apply to your specific case.

What does a birth injury case cost to pursue?

Nothing upfront. Jacobson Injury Firm handles birth injury cases on a contingency basis, so fees come only from a recovery, and there is no fee unless the case is resolved in your family’s favor. The initial consultation is free and confidential.

Our Pittsford Office

Jacobson Injury Firm serves injured clients throughout Pittsford and Monroe County from our office at 1080 Pittsford-Victor Road, Pittsford, NY 14534. Our team is available 24 hours a day, 7 days a week, and you can reach us at (585) 510-4349 to arrange a free consultation.

Contact Jacobson Injury Firm to Schedule a Consultation

If your family is facing the aftermath of a possible birth injury near Pittsford, you do not have to navigate it alone. A Pittsford birth injury lawyer at our firm will listen to your story, review what happened, and explain your options with honesty and compassion. Consultations are always free and confidential, and there are no fees unless we recover for your family. Contact Jacobson Injury Firm today to speak directly with Adam Jacobson.