Birth injuries are a deeply concerning matter for any family. Understanding the legal options and timeframes is crucial if your child has suffered a birth injury. At Roth & Khalife, LLP, we’re committed to providing helpful, comprehensive guidance for those facing this difficult situation. This blog aims to answer the important question, “How Long do You Have to Sue for a Birth Injury?” Let’s get started.
What is a Birth Injury?
A birth injury refers to harm or injury to a baby that occurs during the process of childbirth. These injuries can range from mild to severe and may be temporary or permanent. Some common types of birth injuries include:
Brachial Plexus Injuries
Brachial plexus injuries are damage to the group of nerves that control the arms and hands, which can occur when there’s difficulty delivering the baby’s shoulder (Erb’s palsy or Klumpke’s palsy).
Bone Fractures
Bone fractures of the clavicle or collarbone is the most commonly fractured bone during birth, often due to a difficult delivery.
Cerebral Palsy
Cerebal palsy is a group of disorders affecting a child’s ability to move and maintain balance and posture, often caused by brain damage before, during, or shortly after birth.
Perinatal Asphyxia
Perinatal asphyxia occurs when the baby doesn’t receive enough oxygen before, during, or just after birth, potentially leading to neurological and other organ damage.
Intracranial Hemorrhage
Intercranial hemorrhage is bleeding inside the skull or brain, which can happen as a result of birth trauma.
Caput Succedaneum
Caput Succedaneum is swelling of the soft tissues of the baby’s scalp, often developing as the baby travels through the birth canal.
Cephalohematoma
Cephalohematoma is an area of bleeding underneath one of the cranial bones, which may appear several hours after birth as a raised lump on the baby’s head.
Facial Paralysis
Facial paralysis can occur when there is pressure on the baby’s face during delivery, potentially damaging the facial nerves.
It’s important to differentiate between birth injuries and birth defects. Birth defects are generally related to genetic issues or harmful exposures during pregnancy and are not caused by the birthing process itself. Birth injuries, on the other hand, are often associated with complications during labor and delivery.
What is a Birth Injury Lawsuit?
A birth injury lawsuit is a legal action taken by the parents or guardians of a child who has suffered harm or injury during the birth process due to medical negligence or malpractice. The purpose of this lawsuit is to seek compensation for the damages and suffering caused by the injury. Key aspects of a birth injury lawsuit include:
Medical Malpractice Claim
This type of lawsuit typically falls under the category of medical malpractice. It is filed against healthcare providers such as doctors, nurses, or hospitals, alleging that their negligent actions or inactions directly caused harm to the newborn.
Proving Medical Negligence
To succeed in a birth injury lawsuit, the plaintiff must prove that the healthcare provider failed to provide the standard of care that a reasonably competent provider would have offered in a similar situation, and this failure resulted in the child’s injury.
Types of Damages
Compensation in a birth injury lawsuit can cover a range of damages, including:
- Medical Expenses: Costs for ongoing medical treatment, surgeries, therapy, and any specialized care or equipment needed.
- Pain and Suffering: Compensation for the child’s physical and emotional distress.
- Future Care Costs: Expenses related to the child’s future care needs, especially in cases of long-term disabilities.
- Loss of Earning Capacity: In severe cases, compensation may be sought for the child’s lost potential to earn income in the future.
- Parental Emotional Distress: Parents can also seek damages for their own emotional suffering due to the child’s injury.
Statute of Limitations
There is a time limit within which a birth injury lawsuit must be filed, known as the statute of limitations. New York is generally 2.5 years.
Complex Nature
Birth injury lawsuits are often complex, involving intricate medical details and expert testimonies to establish the standard of care and how it was breached.
Settlement vs. Trial
Many of these cases are settled out of court, but some may go to trial if a satisfactory settlement cannot be reached.
A birth injury lawsuit aims to provide financial relief for the affected family and to address the additional care and support needs of the injured child. It also serves to hold healthcare providers accountable and to prevent similar incidents in the future.
How Long Do You Have to Sue for a Birth Injury?
Statute of Limitations
- General Rule: In New York, the statute of limitations for filing a medical malpractice lawsuit, including birth injuries, is typically 2.5 years from the date of the injury.
- Special Considerations for Minors: For birth injuries, the clock on the statute of limitations may start on different dates, depending on the specifics of the case and the age of the child.
Starting Point for the Clock
- Discovery Rule: In some cases, the statute of limitations starts when the injury is discovered or should have been discovered, which can be particularly relevant if the injury isn’t immediately apparent.
Key Factors Affecting the Timeline
- Severity and Type of Injury: The nature of the injury can influence how soon it is discovered.
- Medical Records and Diagnosis: Obtaining and reviewing medical records is a critical step in determining when the injury occurred and when it was or should have been identified.
- Consulting with a Birth Injury Attorney: Speaking with a birth injury attorney as soon as possible can help clarify the specific statute of limitations for your case.
What To Do If You or Your Child Has Suffered a Birth Injury
If you or your child has suffered a birth injury, it’s important to take certain steps to ensure proper care and to protect your legal rights. Here’s what you should do:
1. Seek Immediate Medical Attention
Ensure that both you and your child receive appropriate medical care for any injuries. Follow up with specialists as recommended.
2. Document Everything
Keep detailed records of all medical appointments, diagnoses, treatments, and any other related expenses. Take notes on your child’s symptoms and any developmental delays or challenges they face.
3. Get a Second Opinion
Consider getting a second opinion from another medical professional to fully understand the extent of the injury and the required care.
4. Preserve Medical Records and Evidence
Secure copies of all medical records related to the pregnancy, delivery, and any postnatal care. Save any correspondence with healthcare providers.
5. Understand the Injury
Research and educate yourself about the specific birth injury, its long-term implications, and potential treatments.
6. Consult a Birth Injury Lawyer
Contact an experienced birth injury lawyer who has experience with birth injury cases. They can provide guidance on your legal options and the process of seeking compensation.
7. Consider Long-Term Needs
Evaluate the long-term care needs for your child, which may include therapy, special education, or medical equipment.
8. Avoid Signing Documents or Settlements Without Legal Advice
Be cautious about signing any documents from insurance companies or healthcare providers without consulting your lawyer.
9. Join Support Groups
Consider joining support groups for families affected by birth injuries. These groups can provide emotional support and practical advice.
10. Plan Financially
Begin planning for any financial implications, including potential medical expenses and care costs.
11. Stay Organized
Keep a file with all the documents, notes, and records related to the case for easy reference.
12. Take Care of Your Family’s Emotional Needs
Acknowledge and address the emotional impact on your family. Seek counseling if needed to cope with the stress and emotional strain.
Remember, each birth injury case is unique, and the steps you need to take might vary based on your specific situation. Consulting with professionals, both medical and legal, is crucial in navigating this challenging time effectively.
Why Choose Roth & Khalife, LLP
Choosing Roth & Khalife, LLP for your legal needs in a personal injury case, including birth injuries, offers several key advantages:
Commitment to Clients
We prioritize the needs and well-being of our clients, ensuring each case receives the personalized attention and care it deserves.
Experienced Legal Team
Our medical malpractice attorneys bring a wealth of knowledge and experience in personal injury law, ensuring skilled handling of your case.
Comprehensive Approach
We provide a full range of legal services, from initial consultation to litigation, ensuring every aspect of your case is meticulously managed.
Strong Advocacy
Our legal team is dedicated to advocating for your rights and interests, striving to secure the compensation and justice you deserve.
Client-Centered Communication
We maintain open and clear communication with our clients, keeping you informed throughout the legal process and readily available to address any questions or concerns.
Contingency Fee Basis
We operate on a contingency fee basis, which means you don’t pay legal fees unless we successfully recover compensation for you.
Local Knowledge
With a deep understanding of New York’s legal landscape, we are well-equipped to navigate the complexities of the state’s legal system effectively.
Empathy and Understanding
Recognizing the emotional and physical challenges of personal injuries, we handle every case with empathy and compassion, making the legal process as stress-free as possible for our clients. Choosing Roth & Khalife, LLP means opting for a law firm that combines legal acumen with a commitment to client care and successful outcomes.
Contact Us Today for Justice
If you or your loved one has faced a birth injury, the path ahead can be challenging. At Roth & Khalife, LLP, we’re here to guide you through this difficult journey with legal support and compassionate care. Reach out to us for a free consultation, and let’s discuss how we can help you seek the justice and compensation you deserve. Remember, you’re not alone in this fight.
Contact Roth & Khalife, LLP – Your Advocates for Justice and Healing.