Birth injuries can be heartbreaking for families, turning what should be a joyful occasion into one filled with stress and frustration. Parents are often left with overwhelming emotions while trying to navigate how to care for their injured child.
While no amount of compensation can undo the harm caused, pursuing legal action can help provide financial support for necessary medical care, therapies, and treatments. To receive compensation, families must file a birth injury lawsuit.
What Is the Statute of Limitations?
The statute of limitations (SOL) is the legal timeframe for when a lawsuit must be filed. This timeframe varies based on the type of case and the state in which the incident occurred. This ensures that lawsuits are brought forward while the evidence and testimony are reliable, preventing cases from being tried long after the events took place.
However, birth injury cases differ from standard medical malpractice claims because they involve minors. In many states, the timeframe to bring a lawsuit may be extended, since some injuries may not be recognized until years after birth.
How Does the SOL Apply to Birth Injury Cases?
In Ohio, the statute of limitations for parents to file a birth injury lawsuit is 1 year after the date the injury was discovered. Parents can receive compensation for losses they experienced due to their baby’s injuries including:
- Medical expenses. This includes past, current, and future medical costs relating to the child’s condition.
- Lost wages. If one or both parents had to stop working, or limit their working hours, to care for their child, they may receive compensation for lost wages.
- Costs of assistive devices. Children with birth injuries may require assistive devices, such as wheelchairs or braces.
- Home modifications. Adjustments made to the home such as wheelchair ramps, widened doorways, or chair lifts may all be covered.
- Therapy costs. This can include speech, occupational, and physical therapies to improve the child’s quality of life.
- Emotional distress. Parents may experience emotional distress due to their child suffering birth injuries.
Once they get older, children can also file a claim once they turn 18 to receive compensation for their injuries.
They may be awarded damages for:
- Pain and suffering. Compensation may be awarded for the physical pain the child experiences due to their injuries.
- Emotional distress. The emotional damage of an injury like anxiety, depression, and trauma can significantly affect a child’s well-being.
- Reduced quality of life. Birth injuries can lead to life-long challenges including having a hard time communicating, mobility, and becoming independent.
- Limitations to potential earnings. If the injury affects the individual’s ability to work, once they are older, they may be entitled to lost earning capacity.
It is important to note, some states require birth injury claims to be filed before the child reaches adulthood.
Parents should be aware of their state’s statute and consult with an attorney to ensure their child’s rights are protected.
State By State Variations
Birth injury statutes vary across each state, so the timeframe will depend on where the baby was born.
- Short timeframe: States like Ohio, Tennessee, and California enforce a 1-year statute. This can create challenges for families to file a case between caring for a newborn and the financial hardships caused by the injuries.
- Moderate timeframe: States such as South Carolina, Nevada, and Wisconsin have a 3-year statute.
- Long timeframe: Minnesota has the longest statute for birth injury claims, giving families 4 years to file a claim.
It is important to look at your state’s laws to know the statute of limitations, so your family has adequate time to file a claim.
Potential Exceptions
While the statute of limitations is typically one year, there are exceptions that may extend this timeframe. Common exceptions include:
- Delayed discovery of the injury. Birth injuries aren’t always apparent right away. Some don’t show until the child is in their toddler or school-aged years. In these cases, the statute may not begin until the date of discovery.
- Claims involving minors. The statute is paused for the child until they turn 18. If they decide to file a claim for their injuries the legal timeframe begins on their 18th birthday.
- Negligence is hidden. If a medical provider intentionally hides evidence of negligence, such as altering medical records or leaving out information, the statute may be extended.
Despite these exceptions, parents should consult with a birth injury as soon as possible, because these extensions are not guaranteed unless granted by a judge.
Wrongful Death of a Child During Birth
In cases involving the wrongful death of a child during birth, the statute is longer than normal birth injury claims. In Ohio, families have 2 years from the date of the child’s death to file a lawsuit. Even though this is a slightly longer timeframe, families should consult with an attorney as soon as possible.
Consequences of Missing the Statute
Failing to file a lawsuit within the statute can have consequences for the family. The courts strictly enforce the statute, so, once the deadline passes, the family will no longer be able to file a lawsuit. Even if it is a clear-cut case of negligence, it will likely be dismissed.
The impact of a dismissed case can be devastating:
- Financial hardships: Without being able to recover damages, families are left to pay the costs of medical treatments, therapies, and other expenses related to the child’s care. The financial burden can be overwhelming, especially if a parent has to reduce work hours or leave a job to provide full-time care for their child.
- Emotional distress: Families may experience emotional distress knowing that the injuries were preventable, yet they can’t hold the medical providers accountable
For these reasons, it is crucial to act quickly after your child is diagnosed with injuries that may have occurred during birth.
How To Protect Your Child’s Legal Rights
If your child suffered a birth injury, you should take steps to protect your child’s legal rights:
- Document everything. Keep detailed records that may support your case including medical records, test results, photos, videos, and written communication with healthcare providers.
- Advocate for your child’s care. Ensure your child receives the best possible medical treatment. If you think your child’s current provider is not providing the appropriate level of care do not hesitate to ask for a second opinion or consider switching to a different doctor.
- Contact a birth injury attorney. The most important step a parent can take in this situation is to contact an experienced birth injury attorney. They will review medical records and evidence to determine who was at fault for your child’s injuries.
Contact Our Birth Injury Attorneys
Birth injuries can be devastating for families and can cause significant emotional and financial hardships. Our team is ready to fight for your family and get your baby the justice they deserve.
To see if you have a case, call our Cleveland-based birth injury attorneys by dialing (440) 333-3800 or by filling out our quick contact form.