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The Statute of Limitations for Birth Injuries

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A birth injury takes place when a baby is harmed by the action or inaction of one or more medical professionals. It often results in devastating injuries that last a lifetime. If you believe your baby has sustained a birth injury, you should seek an attorney immediately. Time is of the essence because there is a statute of limitations depending on the state in which you reside.

While childbirth is considered very safe due to advanced medical procedures, accidents and negligence can take place. If you believe that your child suffered from a birth injury, you may be eligible for compensation. Because you have such a limited window, time is of the essence.

The Statute of Limitations for Common Birth Injuries

The statute of limitations for a birth injury case can vary greatly based on your state and the specifics of your case, and it can be anywhere between 1 and 12 years from the date of birth. Schedule a free consultation with a birth injury lawyer so they can preserve the rights of your child.

Cerebral Palsy

This is the number one type of birth injury. It is caused by injuries to the brain during birth. It affects the child’s motor skills and leads to learning disabilities. The child often needs therapy for the rest of their life.

Facial Paralysis

This happens when too much pressure is placed on the baby’s face. It can cause nerve damage to the affected side of the face. This is also due to the use of forceps.

Oxygen Deprivation

This generally happens in the birth canal when the brain is deprived of oxygen. This can lead to learning, physical, and intellectual disabilities.

Cephalohematoma

This can happen when forceps are used to pull the baby out of the birth canal. The bleeding that results from this procedure is called cephalohematoma. It can lead to anemia, meningitis, and more.

Brachial Plexus

This happens when the nerves in the upper spine, back, shoulders, and arms are ruptured due to stress. The damage can be lasting.

Spinal Cord Injuries

This is another injury that can have long-lasting effects. Rough treatment of the baby in the birth canal can leave the child paralyzed to a certain degree. In most cases, the overuse of forceps is the culprit.

Perinatal Asphyxia

This happens when there is an interruption of oxygen in the blood supply. This often takes place right after the baby is born. If the child looks pale or begins to suffer seizures it could be due to perinatal asphyxia. This can also lead to a lifetime of disabilities.

Caput Succedaneum

This is one of the more minor types of birth injuries—but an injury, nonetheless. The child’s scalp will show bruises and discoloration due to the use of forceps. The pressure can also cause mild bleeding. In most cases, this will clear up on its own within a few days. It is also not a severe condition.

How Common Are Birth Defects?

It is estimated that about 120,000 babies are born with some type of birth defect every year. The severity of the injury is based on the area that is affected. It could be mild or severe and last for a short span or the rest of the child’s life.

If you believe that your child has been harmed due to the negligence of a doctor, you should seek out the help of a birth injury attorney as soon as possible. Only an experienced attorney can access the situation and determine the best course of action.

Contact a Birth Injury Lawyer for Legal Support

Depending on the severity of the injury, your child could need a lifetime of support and therapy. This means you should be well compensated for the injury. A good birth injury attorney will leave no stone unturned in their search for the truth.

While most doctors are competent, there is still a chance they missed a diagnosis or failed to properly respond to a condition. This can be devastating. Do not delay. Call a competent birth defects attorney today to explore your options.

Mark Scott

With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.





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