Active duty military families in New York trust military medical centers for exceptional prenatal care and delivery during life's most precious moments. Unfortunately, medical negligence during pregnancy, labor, or delivery at Military Treatment Facilities (MTFs) can result in devastating birth injuries that affect children and families for their entire lives.
The 2020 National Defense Authorization Act (NDAA) significantly expanded legal rights for active duty service members and their families, allowing them to pursue Federal Tort Claims Act (FTCA) cases for birth injuries that previously were barred under the Feres Doctrine. Our founding attorney at the Archuleta Law Firm uses their medical and legal expertise to handle complex military birth injury cases.
If your child suffered a birth injury at a New York military hospital, you now have legal rights to seek compensation from the U.S. government under the FTCA. These federal claims require specialized knowledge of military healthcare and federal tort law, setting them apart from civilian medical malpractice cases.
What Causes Birth Injuries at New York Military Hospitals?
-
Failure to Monitor Fetal Distress: When medical staff at military hospitals fail to properly monitor fetal heart rates during labor or ignore warning signs of oxygen deprivation, the result can be hypoxic-ischemic encephalopathy (HIE), cerebral palsy, and permanent brain damage. Military Treatment Facilities must maintain the same monitoring standards as civilian hospitals.
-
Delayed Emergency Cesarean Section: Waiting too long to perform a cesarean section when complications arise constitutes a breach of the standard of care. Military physicians who miss signs requiring immediate C-sections can cause babies to suffer brain damage from oxygen deprivation.
-
Improper Use of Delivery Instruments: Excessive force or incorrect positioning when using forceps or vacuum extractors during assisted delivery can cause skull fractures, facial nerve damage, and brachial plexus injuries. Military hospital staff must be properly trained in these techniques to prevent permanent injury.
-
Medication Errors During Labor: Administering incorrect dosages of Pitocin or other labor-inducing medications, or failing to monitor the mother's response to these drugs, can lead to uterine rupture, placental abruption, and severe birth trauma.
-
Failure to Diagnose Maternal Conditions: If military medical staff fail to diagnose and treat conditions like preeclampsia or gestational diabetes, both mother and baby face risks including birth injury and wrongful death.
-
Inadequate Neonatal Resuscitation: Improper resuscitation of newborns who require immediate medical intervention can result in brain damage and developmental delays that could have been prevented with proper care.
New York Facilities Where We Handle Birth Injury Cases
Our firm represents military families who experienced birth injuries at federal military hospitals throughout New York state. While New York has fewer major Military Treatment Facilities compared to other states, service members and their families stationed at various installations may receive maternity care at these federal facilities:
Stewart Army Substation Medical Facility - Located at Stewart Air National Guard Base, this facility provides limited medical services to Army personnel and may refer complex maternity cases to larger military medical centers in neighboring states.
Various Air National Guard Medical Facilities - Several Air National Guard installations throughout New York provide basic medical services, though complex obstetric care is typically handled at major military medical centers.
Many New York-based military families receive maternity care at larger Military Treatment Facilities in nearby states, including Naval Medical Center Portsmouth in Virginia or Walter Reed National Military Medical Center in Maryland, which maintain full obstetric and neonatal intensive care capabilities.
View all New York Military Facilities
Warning Signs: Is Your Birth Injury Medical Malpractice?
- Your baby required immediate transfer to a neonatal intensive care unit (NICU) after delivery, but medical staff seemed surprised or unprepared for the complications
- Medical records show prolonged labor with fetal heart rate abnormalities that weren't addressed promptly
- Your child was diagnosed with cerebral palsy, Erb's palsy, or other conditions that medical experts say could have been prevented
- You experienced complications during pregnancy that weren't properly monitored or treated by military medical staff
- Delivery required emergency intervention, but there were unexplained delays in providing that care
- Your baby suffered injuries from forceps or vacuum extraction that appear excessive or improperly performed
- Medical staff made statements suggesting they "should have acted sooner" or acknowledged errors in your care
- Your child requires ongoing therapy, special education, or medical care for conditions that developed during birth
Damages Available in New York Birth Injury Cases
Economic Damages
Birth injury cases involving military hospitals can result in substantial economic damages that reflect the lifetime costs of caring for a child with permanent disabilities. These may include lifetime medical care costs, which can exceed $1 million for severe brain injuries, specialized equipment and home modifications, ongoing physical therapy, occupational therapy, and speech therapy services, special education costs and tutoring needs, lost future earning capacity for the injured child, and transportation costs for medical appointments and therapy sessions.
Non-Economic Damages
Military birth injury cases also allow recovery for non-economic damages that acknowledge the profound impact on the child and family's quality of life. These include pain and suffering experienced by the child, loss of enjoyment of life and inability to participate in normal childhood activities, emotional distress suffered by both the child and parents, and the impact on family relationships and dynamics caused by the ongoing care requirements.
New York-Specific Considerations
New York does not impose damage caps on medical malpractice cases under New York Civil Practice Law and Rules § 5031, which means there are no statutory limits on the amount of compensation available in birth injury cases. However, since military birth injury cases are filed under the Federal Tort Claims Act (28 U.S.C. § 2674), they are governed by federal law rather than state damage cap provisions. Under the FTCA, the United States is liable in the same manner as a private individual, meaning full compensation is available for both economic and non-economic damages without artificial caps.
New York Legal Requirements for Birth Injury Cases
Statute of Limitations
The Federal Tort Claims Act requires that all claims be filed within two years from the date the injury occurred (28 U.S.C. § 2401). This two-year deadline applies to birth injury cases at military hospitals and begins running from the date of birth when the injury occurred. Unlike some states, the FTCA does not provide for a discovery rule that would extend the deadline, making prompt action essential for military families.
Expert Witness Requirements
New York requires expert witness testimony in medical malpractice cases under New York Civil Practice Law and Rules § 3012-a. For military birth injury cases, this means securing qualified medical experts who can testify about the standard of care that should have been provided at the military hospital and how the medical staff's actions fell below that standard. The expert must be licensed to practice medicine and have experience in obstetrics, neonatal care, or the specific medical area relevant to your child's injuries.
For complete step-by-step filing instructions, see our guide: How to File a Military Medical Malpractice Claim in New York
Frequently Asked Questions: New York Birth Injury Cases
What is the statute of limitations for birth injury claims at New York military hospitals?
Under the Federal Tort Claims Act (28 U.S.C. § 2401), you have exactly two years from the date your child was born to file a claim for birth injuries that occurred at military hospitals. This deadline is strict and does not extend based on when you discovered the injury, making immediate consultation with an FTCA attorney essential.
What damages can I recover for my child's birth injury at a military hospital?
You can recover both economic damages (medical expenses, therapy costs, special education, lost future earnings) and non-economic damages (pain and suffering, loss of enjoyment of life). Since New York has no damage caps and FTCA cases allow full compensation, there are no artificial limits on your recovery.
How do New York damage caps affect my military birth injury case?
New York does not impose damage caps on medical malpractice cases, and since your case is filed under federal law (FTCA), state damage limitations don't apply. You can seek full compensation for all economic and non-economic losses your family has suffered.
Can I sue the individual military doctor who caused my child's birth injury?
No, you cannot sue individual military doctors or staff members. Under the FTCA, your claim is filed against the United States government, which assumes liability for the negligent acts of its employees performed within the scope of their employment at military hospitals.
Do I need a New York medical expert witness for my birth injury case?
Yes, New York law requires expert witness testimony in medical malpractice cases. You'll need qualified medical experts who can explain the standard of care for obstetric and neonatal medicine and demonstrate how the military hospital staff's actions fell below that standard.
How long does a New York military birth injury case typically take?
Military birth injury cases under the FTCA typically take 18-36 months to resolve. The process begins with filing an administrative claim with the military, which has six months to respond, followed by potential federal court litigation if the claim is denied or inadequately settled.
What if my child's birth injury occurred at a military hospital outside New York?
You can still file your FTCA claim regardless of where the military hospital is located, as these are federal cases not limited by state boundaries. However, the law of the state where the injury occurred may influence certain aspects of damages calculation.
Are there special considerations for active duty service members versus military spouses?
The 2020 NDAA specifically expanded rights for active duty service members to file birth injury claims that were previously barred. Both active duty mothers and military spouses have the same rights to file FTCA claims for birth injuries that occurred at Military Treatment Facilities.
Why Choose the Archuleta Law Firm for Your New York Birth Injury Case?
When your child has suffered cerebral palsy, Erb's palsy, brachial plexus injuries, and other preventable birth injuries at a New York military facility, you need attorneys who understand both medicine and law. The Archuleta Law Firm offers a unique combination of expertise:
-
Doctor-Attorney on Staff: Our founding attorney holds both an MD and JD, providing unmatched insight into Birth Injury cases and the medical standards of care that were violated.
-
Proven Results: Over $145 million recovered for military families nationwide, including complex Birth Injury cases.
-
New York FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving New York military treatment facilities.
-
No Fee Unless We Win: You pay nothing unless we recover compensation for you. We advance all case costs and expenses.
-
Nationwide Practice: Licensed to handle FTCA cases in all 50 states, including New York, with dedicated knowledge of federal medical malpractice law.
-
Compassionate Approach: We understand the physical, emotional, and financial toll that Birth Injury takes on families. Our team is here to support you through every step of the legal process.
Free Case Evaluation: New York Birth Injury Cases
If your child suffered cerebral palsy, Erb's palsy, brachial plexus injuries, and other preventable birth injuries at a New York military hospital, you may be entitled to significant compensation under the Federal Tort Claims Act.
The Archuleta Law Firm offers free, confidential case evaluations for New York Birth Injury victims. Our New York Birth Injury attorneys will:
- Review your medical records and case details at no cost
- Explain your legal rights under the FTCA
- Assess the strength of your potential claim
- Answer your questions about the New York legal process
- Discuss the compensation you may be entitled to recover
Don't wait - the FTCA has strict deadlines for filing claims. Contact us today to protect your rights.
Call 1-800-798-9529 for a free consultation, or Request Your Free Case Evaluation Online.
New York Military Malpractice Information
- Military & VA Medical Malpractice in New York - Complete guide to filing claims in New York, including facility listings and legal requirements
Other New York Case Types We Handle
Birth Injury Resources
- Birth Injury Lawyers (Nationwide) - General Birth Injury information
- FTCA Claims Process - Understanding the Federal Tort Claims Act
- Standard Form 95 Guide - How to complete the required claim form
Contact Us
- Phone: 1-800-798-9529
- Free Case Evaluation
Understanding Your FTCA Rights
If your child suffered a birth injury at a VA hospital or military medical facility in New York, you have important rights under the Federal Tort Claims Act (FTCA), but strict deadlines apply. You must file your administrative claim within two years of when you knew or should have known about the injury and its cause. This is done by submitting Standard Form 95 to the appropriate federal agency, which then has six months to respond to your claim before you can file a lawsuit.
The complexity of birth injury cases under the FTCA makes having an attorney with both medical and legal expertise particularly crucial. A doctor-attorney can thoroughly review medical records, identify deviations from the standard of care, and effectively communicate with medical experts. They understand both the clinical aspects of labor and delivery as well as the unique procedural requirements of filing claims against the federal government.
Through an FTCA claim, you may be able to recover several types of damages for your child's birth injury. These can include past and future medical expenses, rehabilitation costs, specialized equipment and home modifications, lost future earning capacity, and compensation for pain and suffering. Unlike many state laws, the FTCA has no caps on damages in New York, allowing families to pursue full compensation for their child's lifetime needs.
However, building a strong FTCA case requires extensive documentation and expert testimony to prove that the injury was caused by negligent medical care at the federal facility. You'll need to demonstrate not only that a medical error occurred, but that it fell below accepted standards of care and directly resulted in your child's injuries.
Given the complexity of these cases and the strict deadlines involved, it's essential to have your case evaluated as soon as possible. Many experienced FTCA attorneys offer free initial consultations to review your case and explain your options. Taking advantage of this free case evaluation can help you understand your rights and ensure you meet all necessary deadlines while building the strongest possible case for your child's future care and support.
Remember, while you served our country, you deserve quality medical care, and your family has the right to seek compensation when that care falls short. Don't wait to explore your legal options - contact an experienced FTCA attorney today to protect your rights and your child's future.
We handle various types of VA and military medical malpractice cases in New York: