The joy of welcoming a new baby into the world can quickly turn into heartbreak if complications arise due to a birth injury. When a birth injury occurs, parents are often left wondering about their legal rights, especially the time frame for seeking justice. If your child has suffered due to medical negligence, understanding the statute of limitations and what steps to take is crucial.
What Is the Statute of Limitations for Birth Injury Claims?
The statute of limitations sets a legal time limit for filing a lawsuit. For birth injury cases, this timeline varies depending on your state and specific circumstances. Typically in most jurisdictions, parents or legal guardians have two to three years from the date of the injury to file a medical malpractice lawsuit. However, since birth injuries often involve infants, there are unique rules and exceptions you should know about.
Are There Exceptions to the Deadline?
Regarding birth injuries, exceptions to the statute of limitations can extend or alter the timeline for filing a claim. Below are some common factors that might come into play:
Discovery Rule
Sometimes, birth injuries may not be immediately apparent. For example, issues like cerebral palsy or developmental delays might only become evident months or years later. Many states have a discovery rule, which means the statute of limitations begins when the injury is discovered—or when it reasonably should have been discovered.
Minors and Tolling
Children's statute of limitations may be "tolled" or paused until they reach a certain age. Many states allow children who suffer birth injuries to file a lawsuit after reaching adulthood, typically up to age 18. However, parents should still act promptly, as evidence and witnesses are more readily available soon after the injury.
State-Specific Deadlines
Different states have varying rules about filing claims against medical professionals or hospitals. Some states impose shorter deadlines if the claim is against a government-run hospital or facility. It’s crucial to consult a local attorney to understand the applicable timeline for your case.
Why Timely Action is Critical
Missing the statute of limitations can result in your case being dismissed, no matter how strong your evidence might be. Beyond legal deadlines, acting quickly also ensures access to medical records, witness testimonies, and other forms of evidence that could weaken or disappear over time. Additionally, timely action can help relieve financial burdens caused by ongoing medical treatments and therapies.
Steps To Take If You Suspect a Birth Injury
If you suspect that your child has suffered from a birth injury due to medical negligence, it's critical to act promptly. Here are the key steps to follow:
Seek Immediate Medical Attention
Your child’s health comes first. Ensure they receive a thorough medical evaluation and treatment plan from trusted healthcare professionals. Their findings can also serve as critical evidence for your case.
Request Medical Records
Obtain copies of all medical records related to the birth, labor, and delivery. These records can provide clues about possible errors or negligence.
Document Symptoms and Expenses
Keep detailed notes about your child’s symptoms, diagnoses, and treatments. Also, document any financial losses, including medical bills, travel expenses, and lost wages due to caregiving responsibilities.
Consult a Birth Injury Attorney
An experienced legal professional can evaluate the specifics of your case, identify potential compensation, and ensure that your claim is filed within the required timeline. Many attorneys offer free consultations and work on a contingency fee basis, meaning you won’t have upfront costs.
Don’t Delay
With each passing day, evidence can get harder to obtain. Contacting an attorney as early as possible gives you the best chance of building a strong case.
What Compensation Might Be Available?
Filing a birth injury claim can help secure compensation to cover the immense toll such injuries can place on your family. Financial damages may include:
- Medical expenses (past, current, and future care)
- Therapy and rehabilitation costs
- Assistive devices and home modifications
- Loss of earning capacity for the child
- Emotional distress and pain, and suffering
Getting the compensation you deserve can go a long way toward providing the care and resources your child needs for a better quality of life.
The Importance of Consulting an Attorney
Birth injuries are often complex, involving multiple medical and legal factors. Consulting an attorney with experience in birth injury cases can protect your family’s rights. They’ll guide you through every step of the legal process, handle communications with healthcare providers and insurers, and fight to secure fair compensation.
Miami Birth Injury Lawyer
If you or someone you know is dealing with the aftermath of a birth injury, the experienced legal team at Rossman, Baumberger, Reboso & Spier, P.A. in Miami, FL is here to help. Our dedicated attorneys specialize in medical malpractice and birth injury cases, providing compassionate and knowledgeable support to families in need. Contact us today at (305) 900-5493 to learn more about how we can assist you in pursuing justice and securing the compensation you deserve. Let us be your advocate and guide through this challenging time.