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.