Should parents wait before calling a birth injury attorney?

Frequently Asked Questions

Should parents wait before calling a birth injury attorney?

A birth injury can be particularly devastating for parents.  It is understandable that many families want to wait to contact a birth injury attorney as they grapple with caring for a newborn who has special needs due to the negligence of a medical professional.

Also, it can often be challenging to prove that a birth injury was caused by the negligence of a doctor, other medical professional or medical facility.  There are a number of potential causes of a birth injury, such as improper prenatal care, failure to perform a cesarean section in a timely manner, or oxygen deprivation during birth. The sooner the matter is investigated, the more likely it is that the true cause of the injury will be discovered — and that your family will achieve justice for the harm that your child has suffered.

In addition, California imposes a strict statute of limitation on medical malpractice cases, such as birth injury lawsuits.  Under California law, an adult who is injured as a result of medical malpractice (such as a mother injured giving birth) must file a lawsuit by the earlier of 3 years after the date of the injury, or 1 year after she discovers or should have discovered the injury.  For a minor under the age of 18, a lawsuit must be filed by the later of 3 years from the date of the alleged wrongful act, or if the child was less than 6 years old at the time, by his or her 8th birthday.

If a lawsuit is not filed before the statute of limitations has expired, then the injured party will be barred from filing a claim.  This makes it all the more important to consult with an experienced California birth injury attorney as soon as possible after your infant is injured.

Law Offices of Fernando D. Vargas Located at
8647 Haven Avenue Suite 200, Rancho Cucamonga, CA.
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