Birth trauma lawsuits are legal actions initiated by the parents of children who suffered an injury due to medical conduct that does not meet the proper standards of care. For example, a birth trauma lawsuit may be brought by the parents of an infant who was administered the wrong dose of a medication just prior to being delivered, causing permanent brain damage.
Birth trauma lawsuits are executed in order to compensate infants and families affected by medical malpractice, which encompasses a wide range of actions by the following possible defendants:
- Doctors — including obstetricians, gynecologists, and anesthesiologists
- Nurses — including emergency room and labor/delivery room nurses
- EMTs (emergency medical technicians or paramedics)
- Hospitals, clinics, and pharmacies
The Statute of Limitations for Birth Trauma Lawsuits
When a birth trauma lawsuit is being considered and discussed between the loved ones of the child that experienced the birth trauma and a plaintiffs' law firm, one of the first matters to be covered will be the statute of limitations that applies.
The term "statute of limitations" essentially means that there is a period of time beyond which it will be too late to start a lawsuit (including birth trauma lawsuits). Court systems in every state have put these time-limits in place, and it's crucial for the family of a birth-injured child to take action in time to protect their child's right to compensation when medical malpractice is confirmed by a court.
Ask an Attorney About the Statute of limitations
Since birth trauma lawsuits fall under the legal umbrella or field of "medical malpractice," it's important to know that each state has its own rules about the statutes of limitation for a medical malpractice action, or even specifically for birth trauma lawsuits. It's best that individuals who are considering a lawsuit contact a birth trauma lawyer or law firm that has experience protecting the rights of birth-injured children and their families. The laws that are relevant to your case will be explained in full to you.