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When Should You Bring a Birth Injury Lawsuit?

December 12, 2022

Bringing a birth injury lawsuit can be complex, and knowing when to file your claim is crucial. In general, most medical malpractice claims must be brought within two or three years of the injury or within two or three years of discovering the damage. However, each case is different, and the appropriate time to bring a birth injury lawsuit may vary depending on your circumstances.

Here is what you need to consider before filing a birth injury lawsuit and how complications from a birth injury can affect your case.

When did the Birth Injury Occur?

In Pennsylvania, the statute of limitations for birth injury is two years from the injury date. This means that if you want to pursue a medical malpractice case, you must do so within two years of the injury. However, in some cases, complications from birth injury may not be noticed until much later, in which case the statute of limitations may not apply.

Since different states have different statutes of limitations, it’s essential to confirm the specific laws in your state if you want to file a birth injury lawsuit.

When Was the Injury Discovered?

In some birth injury cases, the statute of limitations may be extended if you don’t recognize the injury until later. For instance, if your child develops cerebral palsy or you discover another condition linked to birth complications after two years have passed, the statute of limitations may not apply.

Common injuries that may not be immediately apparent include:

● traumatic brain injuries
● nerve damage
● spinal cord injuries
● Erb’s palsy

Additionally, complications caused by medical malpractice or negligence during labor or delivery, such as hypoxia or umbilical cord complications, may be missed until the child is older. Therefore, contacting legal counsel as soon as you suspect your child has sustained a birth injury is critical. A lawyer can review the medical records and determine whether you have a valid claim.

Speaking with Birth Injury Attorneys and Medical Malpractice Lawyers

If you believe that complications of birth injury have occurred, speak with medical malpractice lawyers right away. An experienced attorney can help you determine the statute of limitations in your state and guide you on how to proceed with a birth injury lawsuit.

It is crucial to act quickly, as the statute of limitations may run out before you know it. Birth injury attorneys can suggest the best action and ensure you don’t miss critical deadlines. With their help, you can fight for the compensation you deserve and the treatment your child needs to recover.

Remember, each birth injury case is unique, and the deadline to bring a lawsuit depends on several factors.

At Caputo & Mariotti, our experienced attorneys can help you understand your rights, determine the applicable statute of limitations, and fight for a favorable outcome. Schedule a free consultation today to discuss your options.

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