Wrongful Birth Attorney in Queens County

If you are caring for a child with serious medical or developmental needs and you suspect that your doctors did not tell you the full truth during your pregnancy, you may be wondering whether you should talk with a wrongful birth attorney in Queens County. You might feel unsure where medical tragedy ends and medical negligence begins. You may also worry about being judged for even asking these questions.

My name is David Kates, and I am a Queens medical malpractice attorney with more than 20 years of dedicated practice helping patients and families across New York understand their legal options after negligent medical care. I focus on careful review of complex medical records and clear, compassionate communication with parents who are already under enormous strain. I offer free and confidential consultations so you can talk through what happened without any financial pressure.

A hospital’s mistake stole your choice—make them answer. Call (718) 866-3664 for a free and confidential review. No fee unless we win.

How I Help Families Facing Possible Wrongful Birth In Queens

Parents usually contact me at a point of deep exhaustion. They are juggling specialists, therapies, and school or early intervention services for their child, while trying to make sense of how such serious conditions were missed during pregnancy. Many are unsure if what happened is legally considered wrongful birth, or if it is simply something they must accept without answers.

When you reach out to me, I listen closely to your story and I personally handle every aspect of your case from the first conversation through resolution. I do not pass your matter from one attorney to another. My goal is to understand not only what is documented in your prenatal chart, but also what you were told, how risks were explained, and what choices you feel were taken from you.

Over the past two decades, I have recovered millions of dollars for clients in medical malpractice cases across New York. These cases have involved complex medicine, disputed standards of care, and significant lifelong needs. While every case is different and past results cannot predict future outcomes, this history reflects the tenacity and thorough preparation I bring to each matter. As a wrongful birth lawyer serving families in Queens County, I bring that same focus to parents who believe they were denied crucial information about their child’s condition.

Our first meeting is always free and confidential. We can speak by phone or in person, and you decide how much detail you are ready to share. There is no obligation to move forward. My role in that first conversation is to answer your questions as clearly as I can and to help you understand whether a wrongful birth claim may be worth exploring.

What Wrongful Birth Means Under New York Law

How New York Views Wrongful Birth

Wrongful birth is a type of medical malpractice claim in New York that focuses on what parents were not told during pregnancy. The claim generally arises when a healthcare provider fails to perform appropriate prenatal tests, misinterprets results, or does not disclose serious fetal or genetic abnormalities that would have affected the parents’ decisions about continuing the pregnancy or preparing for a child with significant needs.

In these cases, the law does not question the value of your child’s life. Instead, it recognizes that parents have a right to full and accurate information about serious conditions. If that information is withheld or mishandled, and parents are deprived of meaningful choices, they may have grounds to pursue a wrongful birth claim. The focus is on whether the medical provider met accepted standards of care and provided the information that reasonably careful practitioners should have provided.

Common Medical & Legal Issues In Wrongful Birth

Wrongful birth claims in New York often involve missed or mishandled prenatal screening or diagnostic tests, incomplete genetic counseling, or failure to follow up after abnormal ultrasound findings. Obstetricians, radiologists, genetic counselors, and other providers can all play important roles in this chain of care. When I review a potential case, I look carefully at each step to see whether any provider failed to act or communicate in the way that New York law expects.

New York also has strict time limits for bringing medical malpractice and wrongful birth claims. These time limits depend on the type of provider involved and the timing of the alleged negligence. If you suspect wrongful birth, it is important to seek legal advice as soon as you can. During a consultation, I explain how these time limits may apply in your situation and what steps we would need to take to help protect your rights.

How Wrongful Birth Happens In Prenatal Care

Breakdowns During Pregnancy Care

Wrongful birth cases usually begin with events that took place during routine prenatal care. Many parents did everything they could during pregnancy. They attended appointments on schedule, followed recommendations, and trusted their doctors to alert them if something serious appeared on a test or ultrasound. When they later learn of a significant congenital or genetic condition, they naturally ask how it could have been missed.

There are several points in prenatal care where negligent care can occur. Providers might fail to offer appropriate screening tests based on the parents’ age, history, or prior pregnancies. They might misunderstand or misread imaging studies, such as detailed ultrasounds that show structural abnormalities. They may receive concerning lab or genetic test results, but do not clearly explain their meaning, do not refer to a specialist, or do not document a complete discussion of options.

The Role Of Informed Consent

Informed consent plays a central role in this area of law. At key moments, parents should be given understandable information about serious risks and diagnoses, along with realistic choices, whether that involves additional testing, specialist consultation, or decisions about continuing the pregnancy. When this information is incomplete or inaccurate, parents are deprived of the ability to make decisions that reflect their values and circumstances.

Every pregnancy is unique, and every medical chart tells a different story. When I evaluate a possible wrongful birth claim, I carefully review prenatal records, ultrasound reports, laboratory data, and referral notes. I look for gaps between what the records show and what parents remember being told. Drawing on more than 20 years of handling complex medical malpractice matters, I work to identify where the standard of care may have been breached and how that affected your decisions.

The Financial & Emotional Impact On Your Family

Financial Strain Over Time

Parents who contact me are often carrying a weight that few others can see. The demands of caring for a child with severe medical or developmental needs can affect every part of daily life. There are frequent appointments, therapies, medications, and sometimes hospitalizations. Many families face decisions about specialized equipment, home modifications, or in home support that are costly and difficult to arrange.

The financial strain can be overwhelming. Families may encounter expenses for surgeries, long term medications, feeding or breathing support, mobility devices, behavioral or educational services, and respite care. One parent may need to reduce work hours or leave employment entirely to provide full time care. When I evaluate damages in a wrongful birth claim, I consider not only current medical bills, but also the projected lifetime costs of care and support that your child may need.

Emotional Toll On Parents & Siblings

There is also an emotional dimension that must be acknowledged. Many parents grieve the future they imagined for their child and for their family. They may feel anger, confusion, or guilt, even though they did nothing wrong. The stress can affect relationships, mental health, and the ability to plan for the years ahead. A wrongful birth claim cannot undo what has happened, but it can provide resources to make future care more secure and can hold providers accountable for failing to give you full information.

Types Of Damages In Wrongful Birth Cases

In New York, wrongful birth damages typically focus on the extraordinary expenses associated with raising a child with serious disabilities. This can include past and future medical costs, therapy, specialized education, and other support services that go beyond ordinary child rearing expenses. When I work with families in Queens, I approach these discussions with respect and without judgment. Your love for your child is never in question. The legal claim is about recognizing the burden that medical negligence has placed on your family and working to secure support for the future.

My Approach To Wrongful Birth Cases In Queens County

Beginning With A Careful Case Review

Handling a wrongful birth case requires patience, careful listening, and a thorough understanding of both medicine and New York malpractice law. When a family from Queens contacts me, I begin with a detailed but conversational meeting. We discuss your pregnancy history, what you recall about tests and visits, and how your child’s diagnosis came to light after birth. You do not need to have every record in hand before we speak. Part of my role is to help you identify which records are important and to obtain them when appropriate.

Once we decide to move forward with a more formal review, I personally examine your prenatal charts, imaging reports, laboratory results, and hospital records. I pay close attention to how information was documented and whether appropriate follow up was arranged. I also consider the practices commonly used at hospitals and clinics that serve Queens residents, including how high risk pregnancies and abnormal tests are usually managed in this part of New York.

Local Insight & Personal Attention

Wrongful birth claims brought by families in Queens are generally filed in New York trial courts that regularly hear medical malpractice cases involving local hospitals and providers. As a native New Yorker, I am familiar with how juries here tend to view medical negligence and the realities of raising a child with severe needs in this area. This local insight guides how I present your story, from the way I explain prenatal medicine to the way I describe your family’s daily life and future needs.

Throughout the process, I keep my caseload limited so that I can stay closely involved in each matter. I communicate directly with you about developments in your case and explain legal steps in plain language. My goal is to handle the legal details so you can focus as much as possible on your child and your family, while still feeling informed and supported at each stage.

When To Reach Out & What To Expect From Our First Conversation

Why Timing Matters

Parents often wait months or even years before speaking with an attorney about possible wrongful birth. They may hope that the situation will become clearer on its own, or they may worry that contacting a lawyer will start a process they are not ready for. The reality is that New York law sets firm time limits on bringing medical malpractice and wrongful birth claims, and delaying too long can limit your options, even when negligence was serious.

What Happens In The Initial Consultation

You do not need to have every answer, or every document, before you call. If you are wondering whether your doctors in Queens County or elsewhere in New York failed to tell you about serious risks or diagnoses during pregnancy, that question alone is enough reason to seek guidance. In our first conversation, I typically ask about your prenatal care, when you learned of your child’s condition, and what you remember being told at key points.

The initial consultation is free and confidential. I explain how wrongful birth cases generally work, what kinds of information are most important to gather, and how New York’s time limits may apply to your situation. If I believe that further investigation is warranted and you wish to move forward, we can discuss the next steps. If I conclude that a legal claim is not feasible, I will explain why and answer any questions you have so that you are not left wondering.

If I take your case, you do not pay upfront legal fees. My goal is to make it as manageable as possible for you to explore your rights while you continue caring for your child. We can schedule calls or meetings at times that work around medical appointments, school, and family responsibilities, whether you live in Queens or elsewhere in the area.

Frequently Asked Questions

How do I know if what happened is considered wrongful birth in New York?

A situation may qualify as wrongful birth in New York if a healthcare provider failed to provide you with information about a serious fetal or genetic condition that reasonably careful providers would have disclosed, and that information would have affected your decisions about the pregnancy. This often involves not performing appropriate prenatal tests, misreading test or ultrasound results, or failing to explain the significance of abnormal findings. To evaluate this, I compare your medical records with what you recall being told and with accepted standards of care. Because every case is different, the best way to know whether your situation may fit is to have your records and history reviewed in a confidential consultation.

Will pursuing a wrongful birth case mean I am saying I did not want my child?

No, pursuing a wrongful birth claim does not mean that you did not want your child or that you do not love your child. The law in New York focuses on the information you were given, and whether negligence deprived you of choices about testing, preparation, or continuation of the pregnancy. Many parents I speak with feel intense love for their child and deep anger toward providers who withheld or mishandled critical information. When I present these cases, I make it clear that the claim is about medical professionals failing to meet their obligations and about securing resources your child will need, not about questioning your child’s value as a person.

How long do I have to file a wrongful birth lawsuit in New York?

New York sets specific time limits, called statutes of limitation, for medical malpractice and wrongful birth claims. These limits are usually measured from the time of the alleged negligent act, such as a missed test or misinterpreted ultrasound, and there can be additional rules that affect how the period is calculated. The exact timing can depend on factors such as the type of provider involved, the specific care provided, and when the negligence could reasonably have been discovered. During a consultation, I review your timeline carefully and explain how these rules may apply in your case. Because these deadlines are strict, it is important to speak with an attorney as soon as you suspect that something may have gone wrong.

What costs are involved if I work with you on a wrongful birth case?

Your first step is always a free and confidential consultation, during which we discuss your situation and I give you an initial assessment. If we decide to move forward together, you do not pay upfront legal fees for my time. My compensation typically depends on the outcome of the case, which I explain in detail before you make any decisions. There can be case related expenses, such as obtaining records or consulting with medical professionals, and we will discuss how those are handled so that you understand the financial picture clearly. My goal is to remove as much financial uncertainty as possible so you can focus on whether a wrongful birth claim is right for your family.

What information or records should I gather before we talk?

It is helpful, but not required, to gather certain records before our conversation. Prenatal records from your obstetrician or midwife, ultrasound reports, genetic test results, and hospital records from your child’s birth can all be important pieces of the puzzle. Notes you kept during pregnancy, appointment cards, or written instructions from your providers can also help fill in details. If you do not have all of these items, do not let that stop you from reaching out. In our consultation, I can help you identify which records matter most and discuss practical ways to obtain them from providers in Queens County or elsewhere in New York.

Do you personally handle wrongful birth cases in Queens County?

Yes. I personally handle each wrongful birth and medical malpractice case that I accept for families in Queens County and throughout New York. From the first call through investigation, filing, and resolution, you work directly with me rather than being passed among multiple attorneys. My background as a native New Yorker and my experience with Queens related medical malpractice matters help me understand both the local medical community and the courts that hear these cases. This personal involvement allows me to stay closely connected to your family’s needs and to the details of your case.

What kinds of compensation might be available in a wrongful birth case?

In a New York wrongful birth claim, compensation typically focuses on the extraordinary financial burdens created by the child’s condition when that condition should have been disclosed during pregnancy. This can include past and future medical expenses, therapies, specialized equipment, modifications to your home, and other costs that go beyond ordinary child rearing. In some situations, parents may also seek compensation related to lost income or the need to reduce work to care for their child. The specific categories and amounts depend on the facts of each case, including the severity of the child’s condition and projected future needs. When I evaluate your matter, I look closely at your child’s care plan and likely lifetime expenses so we can understand what a claim might reasonably seek to cover.

Talk With Me About A Possible Wrongful Birth Claim

Deciding whether to speak with a lawyer about wrongful birth is not easy. You are already caring for a child with significant needs, and the idea of revisiting your pregnancy and delivery can feel overwhelming. By reaching out, you give yourself the chance to understand what really happened in your prenatal care and whether New York law offers a path to seek additional resources for your child’s future.

As a wrongful birth attorney in Queens County, I bring more than 20 years of New York medical malpractice experience, personal attention to each case, and a commitment to explaining your options in clear, respectful language. Your first consultation is free and confidential, and you do not pay upfront legal fees if I take your case. We can schedule a time that works around your family’s schedule, whether you are in Queens or elsewhere in the area.

To discuss a possible wrongful birth claim and learn how I may be able to help your family, call (718) 866-3664.