A birth injury is, as the name implies, an injury sustained during the birthing process. Birth injury law is a subtype of medical malpractice law. Medical malpractice alleges that a physician or member of a medical team did not act as a reasonable person and subsequently violated their duty of care. Birth injury lawsuits allege that this negligence has lead to permanent damage to infants and seek legal recourse to cover costs of medical treatment as well as pain and suffering.
There are a number of injuries that are classified as birth injuries. These include:
While some of these injuries are routine and will heal quickly, severe injuries can occur when the delivering practitioner is negligent or commits malpractice.
The statute of limitations is a legal barrier that controls when a lawsuit can be filed. When it comes to the statute of limitations for birth injuries, the timer begins as soon as the birth injury is detected. How long you have to file a birth injury lawsuit depends on what state you were injured in. On average you will have two years to file a birth injury lawsuit but some states will have limits as low as one year or as extensive as five years.