Birth Injury

Because not all birth injuries are due to medical malpractice and negligent doctors do not typically immediately admit their errors, it is often difficult for parents to know if an injury was caused by medical negligence without an investigation. However, because many birth injuries are linked to medical negligence, if medical malpractice is suspected the medical records related to the child’s birth should be reviewed.

The statute of limitations is the timeframe that the law allows for filing a lawsuit and it varies from state to state. Typically, the limitations period begins to run when the injury occurs or when the injury should have been discovered. Some jurisdictions extend the time to after the child has reached legal adulthood to give him or her the opportunity to make the decision to sue, if his or her parents have not already done so.

Birth injuries can have a profound impact on a child’s life, resulting in significant medical bills. If a baby is harmed due to mistakes made by medical staff during the mother’s pregnancy, during delivery, or immediately after birth, the baby’s parents or guardians have the right to bring a medical malpractice lawsuit on behalf of the child against those who were responsible. Defendants in a birth injury cases may include the doctors, nurses, and even the medical facility.