Understanding the Statute of Limitations for Birth Injuries in New York
Birth injuries are unfortunately very common in the United States and across New York. According to The Journal of Pediatrics, “A total of 982 033 weighted records with neonatal birth trauma were found. The prevalence rate increased by 23% from (from 25.3 to 31.1 per 1000 hospital births). Scalp injuries composed 80% of all birth traumas and increased yearly from 19.87 to 26.46 per 1000 hospital births.” These injuries encompass all harm and trauma that may occur during labor, delivery, or shortly after delivery. It is vital that parents of children who sustain birth injuries understand that they do have legal rights.
How Long Do Victims of Birth Injuries Have to Pursue Legal Claims in New York?
There is an important difference between the statute of limitations for general medical malpractice claims and birth injury claims. In general, plaintiffs have 2.5 years to file a medical malpractice claim in New York. However, there is typically a 10-year statute of limitations from the date a child is born to pursue a birth injury claim. This extension allows parents time to discover certain injuries that may not be immediately obvious.
If a birth injury results in a death, there is a substantially different statute of limitations. Parents would need to file a wrongful death claim within two years of the date that their child dies. There are other important considerations to keep in mind. In certain instances, the statute of limitations for birth injury may be extended if the injury was not reasonably discoverable until a later time. Regardless of the statute of limitations, it is always important to act as quickly as possible if you suspect that your child sustained a birth injury.
Why You Should Hire A New York Birth Injury Lawyer
Birth injuries can have major consequences on both children and their families. Children impacted by birth injuries often suffer from long-term disabilities. This may include cerebral palsy and developmental delays. For families, this can cause major emotional distress and financial strain. There are many reasons that parents should strongly consider hiring an experienced birth injury attorney.
- Understanding Legal Rights: An attorney can help determine if a birth injury was preventable and whether parents may have a valid claim.
- Expert Resources: Attorneys work closely with medical experts in order to evaluate exactly what went wrong.
- Insurance Providers: An attorney can handle all communications and negotiations with health insurance providers and hospitals.
- Compensation: An attorney can get you compensation for all of the ways that a birth injury has impacted both your child and your family.
Perhaps one of the greatest reasons to hire a birth injury lawyer is that there are no upfront costs. These attorneys work entirely off of a contingency fee basis. In other words, they only get paid by the opposing party if they are able to successfully resolve your claim. You owe them nothing if they’re not able to achieve a positive outcome for your case.
Getting Legal Help for a New York Birth Injury
It can be hard to know where to begin if your child sustained a birth injury. These injuries may not be immediately obvious for some time. If you are at all concerned about how your child is developing and are worried that they may have been injured at the hospital, it is always best to seek legal and medical advice as early as possible.
Has your child sustained a birth injury due to the negligence of a physician or hospital? You may have legal recourse. Our team of experienced New York birth injury attorneys is here to help in any way that we can. We are committed to helping accident victims get the medical and financial support that they are entitled to. In fact, we have recovered over $1 billion for our deserving clients over the years. You are always welcome to reach out to us anytime at (516) 908-9792.
