Infant Brain Injury Help from a Birth Injury Compensation Lawyer

Brian Magnosi | Infant Brain Damage,Medical Malpractice | July 18, 2025

Every day, millions of women give birth with the help of medical professionals. Unfortunately, mistakes happen every hour, and these professionals make errors that injure a child being delivered. A birth injury compensation lawyer can help you understand your legal options and fight for the support your family deserves.

These mistakes can become a lifelong bill for your family, but fortunately, you do not always have to bear the financial burden. While no amount of money can undo the error or the pain it causes, compensation may provide some peace of mind when it comes to worrying about how you will take care of your baby.

In this article, we’ll explore which types of compensation you can seek, as well as how you can pursue your medical malpractice lawsuit.

Understanding the Types of Compensation for Birth Injuries

Before seeking compensation for a neonatal brain injury, it’s important to understand the costs you may be able to recoup. These injuries can present themselves in a wide variety of disorders or delays, each yielding unique costs. 

In court, these costs are typically broken down into two categories: economic and non-economic. Economic costs are quantifiable expenses, meaning they have a clear and direct dollar amount associated. These costs include:

• Medical bills
• Therapy
• Lost wages
• Schooling
• Child and adult care homes

These expenses are only the tip of the iceberg when it comes to the costs incurred by the family of an infant with brain injuries. Non-economic costs include those that cannot be quantified, such as pain and suffering or emotional distress. 

When seeking compensation for your child’s brain injury, our medical malpractice attorneys at Mirman, Markovits & Landau, P.C. are ready to help you. To learn more about your potential compensation, get in touch with us today and speak to one of our NYC medical malpractice lawyers.

Establishing Negligence for Brain Injuries at Birth

To obtain compensation for your child’s birth injury, you need to prove the baby’s injury resulted from the negligence of your healthcare professional by proving these three things:

• The defendant was responsible for your care
• The defendant was negligent while caring for you
• This negligence caused your child’s brain injury

Thorough documentation of any complications during the birth will be needed to prove these components. For example, if your obstetrician fails to address the baby’s heart rate anomalies when you are delivering, your child could suffer severe brain damage. If this negligence can be proven through documentation and expert testimony, you could be entitled to compensation. 

In cases like these, the compensation can reach beyond seven figures with the right medical malpractice lawyer. At Mirman, Markovits & Landau, P.C., our team has helped families secure awards of over $12,000,000, and we’re ready to help you seek the compensation you deserve.

If you believe your child’s birth injury was caused by a doctor’s negligence, you must act quickly. In New York, families have ten years from the date of birth to bring a lawsuit of an injured child. Parents have two and a half years to file a lawsuit for loss of services of the child due to medical malpractice. There are exceptions for Health and Hospitals Corporation-owned and operated hospitals in New York City, as well as for New York State Hospitals. The statute of limitations will vary in each state, so be sure to check your local legislation before seeking help.

Seeking Compensation for Infant Brain Injury

If your child suffered a brain injury due to a doctor’s negligence, it’s time to get the compensation you deserve. Get in touch with us.

We will collect evidence, investigate negligence, and file a lawsuit to help you obtain the compensation you deserve for your child’s brain injury. At Mirman, Markovits & Landau, P.C., our team understands the challenges of prenatal brain injuries, not just from a legal perspective but through the eyes of each affected family member. 

If your child has been a victim of brain injury resulting from birth, call us at 212-227-4000 or get in touch through our contact page to learn more about your potential compensation today.