It’s a sad truth that babies suffer from serious injuries during childbirth by the thousands every year. These injuries have the potential to result in a lifetime of disability, including conditions like cerebral palsy and asthma. Birth trauma may also lead to mental disabilities like ADHD or autism.
The even harsher reality is that many of these cases of birth injury were completely preventable. While hospitals are supposed to be there to provide the best medical care to everyone who walks in their doors, the reality sometimes falls short of that. Whether it’s due to insufficient staff or malpractice on an individual’s part, it’s important to know your rights when your medical care falls short at the most important moment.
Those in the difficult situation of having a newborn who experienced a birth injury need to know the legal timetable once the event has happened. Unfortunately, many parents don’t realize that each state has its own statute of limitation, giving you a varying amount of time to sue either the doctor or the hospital.
In North Carolina, parents are given three years from the date of their child’s birth to file a malpractice lawsuit. The only exception to this rule is if the discovery of the malpractice didn’t occur until after the child’s birth. This may happen when a medical tool is left inside the patient’s body or an injury is caused that doesn’t show symptoms until years later.
It’s always a traumatic event when a child is injured during the birthing process. If the medical staff or hospital are to blame, be aware that statutes of limitation may significantly limit the amount of time you have to file a malpractice lawsuit. You only have a limited time to secure the money that you are owed to help take care of your child.
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