There are two kinds of legal claims that are available to people who have experienced birth injuries. One is a lawsuit against a physician or hospital for medical malpractice. If the attorney declines the case or is not willing to bring a lawsuit, the patient can also file a complaint with the New York State Department of Health, which can be done in writing or online. The benefit of filing a complaint with the New York State Department of Health is that they may investigate the claim, get the records, interview physicians, interview the patient, and find out if there is wrongdoing.