What Is the Statute of Limitations for Birth Injury Cases?
December 5, 2024
The day of your child’s birth should be one of the happiest of your life. For many, however, the joy of meeting the little person they’ve waited months for can be marred by medical errors that result in birth injuries. Birth injuries can range in severity, with some resolving in a few days. The most severe, however, can impact your child’s entire future and require that you file a personal injury claim to be able to recoup damages to cover the losses you and your family have suffered. But what is the statute of limitations for birth injury cases? And what can lead to these injuries?
At Wapner Newman, our team of experienced medical malpractice lawyers can help you understand the process of filing a birth injury claim and what you can expect as you go through it. With our team by your side, you can get the support you need during this stressful time.
Contact us at (215) 569-0900 to learn how long you have to sue after a birth injury.
How Long Can I Sue After a Birth Injury?
Understanding Your Rights
When filing any kind of personal injury claim, including those involving birth injuries, you have a statute of limitations to worry about. This is the given time frame in which you can make the claim. Statutes of limitations ensure legal matters are brought to court in a timely manner and when evidence is still available.
New Jersey and Pennsylvania both allow you two years from the moment the injury occurred or was discovered. This is important because not all injuries are apparent immediately after they occur. In all cases, a birth injury claim can be filed by parents or legal guardians up to the child’s 13th birthday. Because these kinds of claims are complex and take time, you want to begin the process of filing a lawsuit as soon as possible after a birth injury.
To file a claim, you have to prove that negligence took place at the hands of the medical professionals involved. That means establishing that they owed you and your baby a duty of care that they breached. Then, you have to show that the breach of responsibility led your baby to suffer injuries for which your family can be compensated.
At Wapner Newman, we’ve helped clients recover millions of dollars in settlements and jury awards.
Most Common Causes of Birth Injuries
A variety of birth injuries can occur as a result of medical malpractice. Certain methods or practices are the most common causes of these injuries.
Improper Use of Obstetric Tools
During complicated deliveries, doctors may rely on obstetric tools like forceps and vacuum extractors. To use these, the medical professional has to be well-trained and have experience, but that’s not always the reality. The improper use of these tools can result in injuries to the baby’s head, including bleeding in the brain.
A tool issue that can arise during C-sections is the doctor cutting into the baby’s head or other parts of their body when making the incision into the mother’s abdomen. The cuts could be severe enough to damage nerves and ligaments.
Failure to Properly Monitor the Fetus
Throughout the pregnancy and birth, doctors are supposed to offer adequate monitoring. If they don’t do so, they can fail to spot developmental issues or concerns during birth that could put the baby’s life at risk. An example is if the doctor doesn’t notice that the baby is not getting enough oxygen, which could lead to the development of cerebral palsy.
Failure to Perform a Timely C-Section
Although most mothers would prefer to have a vaginal birth, it’s not always possible. Sometimes, the only way for the baby and the mother to safely navigate the birthing process is to have a C-section. A doctor who doesn’t realize this can be negligent.
It’s not only vital that a doctor recognize situations in which a C-section is the right choice but that they make the decision in time. If they wait too long, the baby could suffer oxygen deprivation, as well as a variety of other issues.
Being Careless During Delivery
A vaginal delivery is stressful for the mother and baby, requiring the doctor to monitor both carefully and to use adequate force when assisting in the birth. If they pull on the baby’s head or shoulders, they could cause issues like Erb’s palsy. They could also break the baby’s clavicle or affect the nerves on the baby’s face, leading to facial paralysis.
Damages Available In a Birth Injury Claim
If your baby suffered an injury during birth, you may be eligible to file a claim and get compensation. You will have the chance to claim economic and non-economic damages.
Economic damages compensate you for financial losses. These focus mainly on medical expenses, including any ongoing care your child may need to treat the injuries they sustained and modifications you may need to make to your vehicle or home. If your child suffers from a cognitive disability as a result of a birth injury, you can also get compensation to cover special education services.
In some instances, you or the other parent may need to work fewer hours or stop working altogether to care for your child. If that’s the case, you could receive compensation for lost wages.
Non-economic damages cover losses that are not financial. These include the distress you and your baby have experienced, as well as the loss of enjoyment of life.
Get Help From Experienced Birth Injury Lawyers
Wapner Newman Offers Dependable and Compassionate Guidance
Seeing your child struggling with an injury that could have been prevented can leave you feeling helpless and angry. At Wapner Newman, we can help you through the process of filing a personal injury claim against the liable parties. We have decades of experience, and we’ve helped clients recover millions in settlements and jury awards. Don’t wait to get started.
Contact Wapner Newman by calling us at (215) 569-0900.