Birth Injury Lawyer Rochester, NY

Did a preventable medical error harm your baby during birth in Rochester?

Compassionate birth injury attorneys helping Rochester 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. Families in that situation deserve answers, accountability, and the resources to care for a child who may need lifelong support. A birth injury lawyer in Rochester, NY, at Jacobson Injury Firm investigates what went wrong, consults the right medical experts, 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. Attorney Adam Jacobson, licensed in New York, handles them with the care they demand. Contact us for a free, confidential consultation.

Birth Injury Lawyer Rochester, 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. Rochester is home to Strong Memorial Hospital’s Golisano Children’s Hospital, one of the region’s leading facilities for neonatal and pediatric care, as well as Rochester General Hospital and other area hospitals where deliveries occur. When care at these facilities falls short, the harm to a child or mother can be lifelong. A birth injury claim is a specialized form of Rochester 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 circumstances shape both liability and the care a child will need:

• Oxygen deprivation. When a baby’s oxygen supply is interrupted during labor, the result can be a serious traumatic brain injury, such as hypoxic-ischemic encephalopathy.
• Cerebral palsy. One of the most common severe birth injuries, sometimes linked to preventable complications during delivery.
• Brachial plexus injuries and Erb’s palsy. Nerve damage often caused by excessive force or improper handling during a difficult delivery.
• Fractures and physical trauma. Improper use of forceps or vacuum extraction tools that cause broken bones or other injuries.
• Maternal injuries. Failure to diagnose or treat infections, hemorrhage, or other conditions that can seriously harm 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. Under CPLR § 214-a, most malpractice claims must be filed within two years and six months of the negligent act. For injured children, however, New York’s infancy tolling rule under CPLR § 208 pauses the clock until the child turns 18. There is, however, an important outer limit: an absolute 10-year cap from the date of the malpractice. A child injured at birth has until age 10 to file, not age 20.5. This makes early action especially important, rather than something to wait on.

New York also requires a certificate of merit under CPLR § 3012-a, meaning the attorney must file a certificate of merit 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, so a recovery can reflect the full, lifelong cost of the harm.

Why Choose Jacobson Injury Firm for Your Birth Injury Case?

A Scientific Background That Matters

Birth injury cases turn on medical records and causation. Adam Jacobson’s Bachelor of Science in Biotechnology with a minor in Immunology, alongside his law degree from Florida International University College of Law and bar admissions in New York, Florida, Connecticut, and Illinois, helps him work through complex medical evidence and understand exactly how a delivery went wrong.

Direct, Personal Representation

These cases are never just legal claims; they are families trying to secure the care and stability their child needs. Adam handles every case personally, keeping families informed and supported. He has recovered millions of dollars for injured clients.

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 Rochester personal injury lawyer overview.

Understanding Damages Under New York Law

A birth injury can carry lifelong costs, and compensation is meant to reflect the full scope of that harm. Recoverable damages may include current and future medical care, therapy and specialized equipment, long-term care, lost earning capacity for a child whose future is affected, and pain and suffering. New York does not cap malpractice damages, which matters enormously for claims involving conditions like cerebral palsy that can carry lifetime care costs. The most severe cases can also give rise to a Rochester wrongful death claim.

Important Aspects of a Birth Injury Case

Obtaining and carefully reviewing the complete prenatal, delivery, and postnatal records is essential. The certificate of merit requirement means a qualified medical expert must review those records and confirm a reasonable basis for the claim before it is filed. Because the effects of a birth injury may become clearer over time and because the 10-year outer cap applies regardless of when the injury is discovered, speaking with a birth injury attorney as early as possible protects both the evidence and your family’s legal rights.

The Birth Injury Case Timeline

We obtain and review the records, retain medical experts with birth-injury experience, and prepare the certificate of merit. We then file the complaint, submit a demand, and negotiate toward a fair settlement. If the matter does not resolve, we move into discovery. Finally, the case resolves through settlement or, when necessary, a jury trial.

Important New York Legal Resources

New York law sets the framework for these claims. The statute of limitations and infancy tolling appear in CPLR § 214-a, the certificate of merit requirement in CPLR § 3012-a, and pure comparative fault under CPLR § 1411 can apply where relevant. Claims against public hospitals require a Notice of Claim within 90 days.

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 a review of the complete delivery and prenatal records by a qualified medical expert. The key question is whether the provider’s care fell below accepted standards and whether that failure caused the harm. An attorney and the right medical experts make that determination together, which is also what the certificate of merit process requires.

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

New York tolls the 2.5-year clock for minor children until age 18, but imposes an absolute 10-year outer cap from the date of malpractice. A child injured at birth has until age 10 to file. Because the outer cap can arrive before families are ready, acting well before that deadline is important. An attorney can confirm the specific dates that apply.

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 lifelong care costs that conditions like cerebral palsy can carry.

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.

Our Rochester Office

Jacobson Injury Firm serves injured clients throughout Rochester 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 in Rochester, you do not have to navigate it alone. A Rochester 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.