If your child was diagnosed with cerebral palsy after care at a Queens County hospital or clinic, you may be wondering whether medical negligence played a role and how to protect your child’s future. Families in neighborhoods like Flushing, Astoria, Jamaica, Elmhurst, Forest Hills, Long Island City, and beyond often face the same immediate concerns: mounting medical costs, questions about what went wrong, and the fear that time could run out to take legal action.
This guide from the Law Office of David A. Kates, PLLC explains how a cerebral palsy lawsuit works in Queens County, New York. We focus on the statute of limitations, the continuous treatment doctrine, and the key steps to investigate a medical malpractice claim so you can make informed decisions for your family.
Call (718) 866-3664 or request a free case evaluation online. There are no legal fees unless we recover for you.
What a Cerebral Palsy Lawsuit Tries To Prove in Queens County
A cerebral palsy lawsuit is a type of medical malpractice case. The goal is to show that one or more healthcare providers failed to meet the accepted standard of care and that this failure caused a preventable birth injury leading to cerebral palsy.
Common issues our team investigates include:
- Prenatal care that missed warning signs such as preeclampsia, intrauterine growth restriction, or maternal infection.
- Labor and delivery errors, including delayed response to fetal distress, mismanaged inductions, improper use of forceps or vacuum, or failures to convert to a timely cesarean section.
- Postnatal errors such as delayed treatment for jaundice, hypoglycemia, infection, or respiratory compromise.
Building a strong case requires timely actions: preserving records, interviewing witnesses, consulting qualified medical specialists, and preparing a complete damages picture that reflects lifetime needs for therapy, equipment, attendant care, housing modifications, and educational supports.
Local touchpoints that matter
Queens County families may interact with a variety of healthcare settings, from large hospitals and teaching centers to community clinics. Each facility has its own policies for record retention, electronic fetal monitoring storage, and access to imaging and lab data. Understanding where and how to obtain complete records in Queens County helps keep your case on track and avoid delays that could affect filing deadlines.
The Statute of Limitations For Cerebral Palsy and Birth Injury Claims
In New York, time limits to bring a medical malpractice claim are strict. While every case is unique, several rules frequently come into play for cerebral palsy lawsuits:
- A general limitations period applies to medical malpractice claims, measured in years rather than months.
- The continuous treatment doctrine can extend the filing deadline while you or your child are receiving ongoing treatment from the same provider for the same condition that arose from the alleged negligence.
- Claims on behalf of minors are subject to special tolling rules, but there can also be outer limits that cap how long a case can be delayed.
- If the care occurred at a municipal or public hospital, you may face additional requirements such as a formal notice of claim within a short timeframe, with different time limits for starting the lawsuit.
Because these rules are technical and exceptions are narrow, families should not delay. Even when you believe there is time left, waiting can make evidence harder to secure and reduce negotiating leverage.
How the continuous treatment doctrine may help
If the same provider continues to treat the condition they allegedly caused or failed to diagnose, the clock may not begin to run until that continuous course of treatment ends. For example, if your child remained under the care of the same practice for neurological follow-up visits tied to the birth injury, that ongoing treatment could affect the deadline. The doctrine does not apply in every situation, so it is important to have a precise timeline of appointments and referrals.
Key Evidence That Strengthens a Queens County Cerebral Palsy Case
A thorough investigation looks beyond the discharge summary. We work to gather a complete medical and life-care record that fairly represents your child’s needs and the cause of injury.
Essential materials often include:
- Prenatal charting and ultrasound reports.
- Labor and delivery records, including the partogram, nursing notes, and fetal heart rate tracings.
- Cord blood gas results and Apgar scores.
- NICU records and early neuroimaging, such as ultrasound or MRI findings consistent with hypoxic-ischemic injury.
- Pediatric neurology evaluations, developmental assessments, and therapy notes.
- School-based evaluations and individualized education program documents.
- Economic projections and life care plans that estimate the cost of treatment, equipment, therapies, and attendant care across your child’s lifetime.
Why fetal monitoring data matters
Electronic fetal monitoring strips can reveal patterns of decelerations, variability changes, or prolonged bradycardia that signal fetal distress. When these patterns are present, a provider’s response time and choice of interventions are critical. In some Queens County facilities, original tracings are stored separately from the electronic health record. Locating and preserving this data early is essential.
Damages Available in a Cerebral Palsy Lawsuit
Damages in a medical malpractice case aim to compensate for both economic and non-economic losses.
Typical categories include:
- Past and future medical expenses, therapies, and assistive technology.
- Home health aides, transportation needs, and home modifications.
- Educational and vocational services.
- Pain and suffering, loss of enjoyment of life, and other non-economic harms.
- In some cases, the cost of guardianship proceedings or trusts that help manage finances and public benefits.
A well-supported life care plan translates your child’s daily needs into objective cost projections. This allows insurers and courts to understand the full impact of the injury and helps ensure settlements or verdicts provide for long-term stability.
Common Defense Arguments and How We Address Them
Hospitals and providers often raise several defenses in birth injury litigation. Being prepared for these themes can make a difference.
- Cerebral palsy was caused by prenatal factors. We examine prenatal labs, infection screens, and fetal growth data to clarify whether prenatal conditions were appropriately identified and managed.
- The injury occurred despite appropriate care. We compare the timing of interventions to established clinical guidelines and determine whether a reasonably prudent provider would have acted sooner or chosen a different approach.
- No causal link between alleged negligence and injury. We connect the dots between fetal monitoring patterns, cord gases, imaging findings, and neonatal symptoms to establish causation.
- The claim is untimely. We create a clear chronology of treatment and apply limitations rules, including the continuous treatment doctrine and any applicable tolling provisions, to support timely filing.
Special Issues When Care Occurs at Public Hospitals
Queens County includes public facilities where special rules may apply. If your child’s delivery or neonatal care took place at a municipal hospital, you may be required to serve a notice of claim within a short period and follow unique filing deadlines. There can also be special procedures for obtaining records, including fetal monitoring strips and incident reports. Because the timelines can be shorter than for private facilities, we recommend contacting counsel as soon as possible so these requirements are handled correctly.
What if multiple providers were involved?
Many births involve teams: attending obstetricians, residents, nurses, midwives, anesthesiologists, and pediatric specialists. When an adverse event occurs, responsibility can be shared. Properly identifying every potentially liable party preserves your rights and avoids later disputes about who should be included in the lawsuit.
Step-by-Step: What To Do If You Are Considering a Lawsuit
Taking organized, prompt action can improve outcomes and reduce stress.
- Write down your timeline. Note prenatal appointments, hospital arrival time, labor milestones, and who spoke to you about fetal distress or delivery decisions. Include names, titles, and approximate times.
- Request complete records early. Ask for prenatal charts, labor and delivery records, fetal monitoring strips, neonatal records, imaging, lab results, and discharge summaries. We can do this for you and ensure requests are properly directed.
- Preserve evidence at home. Keep medications, photos, discharge paperwork, and communications with providers. Save digital files and MyChart messages.
- Track your child’s progress. Keep therapy schedules, evaluations, and a list of out-of-pocket expenses. These materials help quantify damages and show how needs evolve over time.
- Get a legal review of deadlines. Applying the statute of limitations, continuous treatment doctrine, and any special public hospital requirements to your specific facts is essential to avoid missing a filing window.
How our firm approaches early case evaluation
At the Law Office of David A. Kates, PLLC, we conduct a structured review that includes a medical chronology, preliminary standard-of-care assessment, and an initial damages framework built around your child’s daily needs. If your case proceeds, we retain appropriate medical and economic professionals to strengthen the proof and present it clearly to insurers, judges, and juries.
How Settlements and Verdicts Are Structured
When cases resolve, funds for a child with cerebral palsy are often placed in structures designed to protect eligibility for public benefits and to deliver predictable payments for care. This may include a combination of upfront funds for immediate needs and periodic payments for therapies and attendant care. Courts in Queens County carefully review any infant compromise proposals to confirm that the resolution is in the child’s best interest and that funds are safeguarded.
Preparing for the approval process
We help families document planned expenditures, justify budget categories, and work with trustees or guardians so the court has a clear picture of how the settlement will support the child’s long-term needs.
Frequently Asked Questions
How long do I have to file a cerebral palsy lawsuit in New York?
Medical malpractice claims are governed by strict time limits that can vary based on the facts. Some rules can pause or extend the clock, such as the continuous treatment doctrine or infancy tolling, while other rules impose outside limits. Because deadlines are exacting and exceptions are narrow, get a case-specific review as soon as possible.
Does the continuous treatment doctrine apply to my child’s case?
It may apply if the same provider or practice continued treating the same condition that arose from the alleged negligence. The details matter. Appointment dates, referral notes, and the nature of follow-up visits often determine whether the doctrine tolls the statute of limitations.
What if the delivery happened at a public or municipal hospital in Queens County?
Special rules often apply, including a formal notice of claim within a short window and different filing deadlines from private facilities. If you think your delivery or neonatal care occurred at a public hospital, contact counsel quickly so the correct notice and timing requirements are met.
Do I sue the doctor or the hospital?
Potentially both. Liability depends on who provided the care, who employed the providers, and whether they were acting within the scope of their duties. Many cases include multiple defendants, such as the delivering practitioner, supervising physicians, and the hospital.
How do you prove that medical negligence caused cerebral palsy?
We analyze fetal monitoring tracings, timing of interventions, cord gases, neonatal exams, and imaging. We also evaluate whether earlier decisions could have prevented or reduced harm. A clear medical chronology and comparison to accepted clinical practices help establish causation.
What compensation can a family expect in a cerebral palsy case?
Compensation is individualized. It may include medical and therapy costs, home modifications, assistive technology, transportation, attendant care, and non-economic damages for pain and suffering. We develop a life care plan that projects needs over decades so any resolution reflects the full scope of support required.
How much does it cost to start a case?
Our firm typically works on a contingency fee basis in medical malpractice matters, meaning legal fees are collected only if we obtain a recovery. We explain fee structures and case expenses during your consultation so you understand how costs are handled.
Move Forward With Confidence in Queens County
The sooner you clarify deadlines and preserve evidence, the more options you have. A focused review of your child’s medical timeline, the statute of limitations, and the continuous treatment doctrine helps protect your rights and strengthens your case in Queens County, New York. We are ready to guide you, step by step.
Schedule your no cost consultation now. We will listen, explain your options, and outline the next steps today.