While childbirth should be a joyous and memorable experience, medical mistakes can make labor and delivery upsetting. When birth injuries happen, a skilled personal injury attorney might be able to help.
A personal injury lawsuit could be appropriate in the aftermath of a birth injury. Both the mother and child alike could be entitled to compensation for their injuries. An Auburn birth injury lawyer could evaluate your case and help you understand your best legal options moving forward.
What Are Common Birth Injuries?
Birth injuries take different forms. These serious conditions can impact the mother, the child, or both depending on the circumstances. Some of these injuries occur during labor and delivery, while others result from negligent medical care during pregnancy. Regardless of the circumstances, a determined lawyer in Auburn can pursue justice against a careless medical professional who causes a birth injury. Some of the common birth injuries that lead to civil suits include the following:
- Erb’s palsy
- Diabetic retinopathy
- Intracranial hemorrhaging
- Shoulder dystocia
- Traumatic brain injuries
- Cerebral palsy
It is often challenging to navigate the legal system following a birth injury. The good news is that a parent considering a birth injury lawsuit does not have to pursue their case alone. Experienced legal counsel is ready to help.
Who is Liable for a Birth Injury?
Many individuals or entities could be responsible for a birth injury. For example, the doctor overseeing a child’s birth is ultimately responsible for the infant’s care. In many cases, these doctors are negligent by failing to closely monitor the mother or child to ensure they are healthy. Labor and delivery nurses are also liable in cases where they fail to carefully monitor the baby or mother for symptoms of distress or wait too long to seek assistance from a doctor.
The medical facility also be to blame, especially when the facility’s hiring or training practices are improper. The hospital where the birth occurred could also be on the hook for damages if understaffed. With the help of a hardworking attorney in Auburn, victims can pursue legal action against each of the responsible parties, including doctors, nurses, or hospital administrators.
How Long Do I Have to File a Birth Injury Suit?
State law provides a hard deadline—known as the statute of limitations—for filing a lawsuit following a birth injury. In Auburn, the statute of limitations is generally longer than in other jurisdictions. However, it is also vital to recognize that medical malpractice claims have a much shorter statutory period than other personal injury cases. For birth injury cases, the amount of time a person has to file a lawsuit depends on whether the parent or child is pursuing legal action.
When a parent pursues a medical malpractice claim based on their child’s birth injury, they have three years to do so. However, this period is longer when the child pursues a lawsuit without their parents, in which case, the statute is six years.
Call a Knowledgeable Birth Injury Attorney in Auburn Today
There is no time to delay when it comes to pursuing a birth injury lawsuit. In order to secure the compensation you or your child needs to deal with these injuries, reach out to an Auburn birth injury lawyer today and schedule a consultation.