A birth injury can have a profound impact on a child’s life and their family. Whether caused by medical malpractice, negligence, or unavoidable complications, these injuries often leave lasting physical, emotional, and financial effects. If your child suffered a birth injury years ago, you may be wondering if you can still pursue a lawsuit. In this blog, we’ll explore how a medical malpractice lawyer in White Plains can guide you through your legal options, even after many years have passed.Here Kent Hazzard & Freeman break down key details about birth injuries, the statute of limitations, and the importance of acting promptly. Plus, we’ll explain how a medical malpractice lawyer in White Plains can help you navigate the process of filing a birth injury claim.
Contents
My Child Suffered a Birth Injury 20 Years Ago. Is It Too Late to Start a Lawsuit?
How the Statute of Limitations Affects Birth Injury Lawsuits
Statute of Limitations for Minors
Delayed Discovery of Birth Injuries
The Importance of Timely Legal Action
The Role of a Litigation Guardian
What You Can Do to Initiate a Birth Injury Lawsuit
The Value of Working with a Strong Legal Network
From Questions to Solutions: How a Medical Malpractice Lawyer in White Plains Can Help
Why Choose Kent Hazzard & Freeman for Your Birth Injury Case?
My Child Suffered a Birth Injury 20 Years Ago. Is It Too Late to Start a Lawsuit?
A birth injury can have a profound impact on a child’s life and their family. Whether caused by medical malpractice, negligence, or unavoidable complications, these injuries often leave lasting physical, emotional, and financial effects. If your child suffered a birth injury years ago, you may be wondering if you can still pursue a lawsuit. In this blog, we’ll explore how a medical malpractice lawyer in White Plains can guide you through your legal options, even after many years have passed.
Here Kent Hazzard & Freeman break down key details about birth injuries, the statute of limitations, and the importance of acting promptly. Plus, we’ll explain how a medical malpractice lawyer in White Plains can help you navigate the process of filing a birth injury claim.
Understanding Birth Injuries
A birth injury occurs when a baby is harmed during the birth process. These injuries can result from several factors, including medical malpractice, difficult labor, or complications during delivery. If medical negligence causes the injury, parents may have the right to seek compensation for their child’s harm.
Some common birth injuries include:
- Cerebral Palsy: Often resulting from oxygen deprivation during birth, cerebral palsy affects the brain and can cause motor and developmental impairments.
- Erb’s Palsy: Caused by damage to the nerves controlling the arm muscles during delivery, this condition can lead to paralysis or weakness in the affected arm.
- Fractures and Dislocations: Injuries such as broken bones or joint dislocations can occur if there is excessive force applied during birth.
- Hypoxic-Ischemic Encephalopathy (HIE): When the brain is deprived of oxygen, it can result in permanent brain damage, a condition that often requires lifelong care.
A medical malpractice lawyer in White Plains can help parents pursue justice. They will take legal action against the healthcare providers responsible for the injury.
How the Statute of Limitations Affects Birth Injury Lawsuits
One of the most pressing questions parents face after a birth injury is whether it’s too late to pursue a lawsuit. In most medical malpractice cases, including birth injuries, the statute of limitations is a critical factor. The statute of limitations sets a time limit on when a lawsuit can be filed. In White Plains, the statute of limitations typically starts when the injury occurs or when it is discovered, depending on the specifics of the case.
Statute of Limitations for Minors
For medical malpractice or birth injury cases, the statute of limitations is tolled for minors but only up to a maximum of 10 years from the date of the malpractice itself, regardless of the child’s age. This means that even though personal injury cases generally allow minors to file within three years after turning 18, birth injury lawsuits must be initiated within this 10-year window. Parents can file a claim on their child’s behalf while the child is still a minor, but it’s crucial to act within the applicable timeframe to preserve the right to sue.
Delayed Discovery of Birth Injuries
In many cases, birth injuries, especially neurological ones like cerebral palsy, may not be immediately noticeable. The injury is often discovered only when the child reaches a specific developmental milestone. This delay can complicate pursuing a lawsuit years later, but it doesn’t make it impossible. A medical malpractice lawyer in White Plains can help you understand when the statute of limitations starts in your case.
Exceptions and Extensions
In some cases, the statute of limitations may be extended, especially if the injury was not discovered until years later. This is common in birth injury cases, where certain conditions may not appear until later in childhood or even adulthood. To understand any exceptions or extensions that may apply to your case, it’s important to consult with an experienced medical malpractice lawyer in White Plains.
The Importance of Timely Legal Action
Even though the statute of limitations offers some flexibility, it’s important to act quickly. Delaying your lawsuit can hurt your case in several ways. As time passes, key evidence may be lost, medical records may become harder to obtain, and witnesses may forget crucial details.
Taking action promptly is crucial for pursuing compensation for your child’s birth injury. A medical malpractice lawyer in White Plains can help manage your case efficiently. They will guide you through the process and make sure that you don’t miss critical deadlines or opportunities for your claim.
The Role of a Litigation Guardian
A litigation guardian is someone who represents another person unable to pursue a lawsuit, typically a minor child in birth injury cases. Parents often act as the litigation guardian, filing the lawsuit and managing the case until the child turns 18.
If your child is under 18, you will serve as their litigation guardian. You will make decisions about the lawsuit and help protect your child’s legal rights throughout the process. Once your child turns 18, they can file the claim independently. Until then, you will be responsible for guiding the legal process.
A medical malpractice lawyer in White Plains can help you navigate the litigation guardian process and make sure all necessary legal steps are taken on your child’s behalf.
What You Can Do to Initiate a Birth Injury Lawsuit
If you suspect that your child’s injury was caused by medical malpractice during birth, taking action quickly is crucial. Birth injuries can have lasting effects on your child’s health, and pursuing a lawsuit may help you obtain the compensation necessary for treatment and recovery. Here’s what you should do to initiate a birth injury lawsuit.
The Value of Working with a Strong Medical Malpractice Lawyer in White Plains
When pursuing a birth injury lawsuit, having a strong and trusted team behind you is essential. Experienced lawyers, such as Kent Hazzard & Freeman, often work with a network of specialists, including medical professionals, investigators, and expert witnesses, to ensure the best possible outcome for their clients. A seasoned medical malpractice lawyer in White Plains understands the value of these connections, as they can make a significant difference in proving negligence or liability in complex birth injury cases.
Having worked and lived in the area for many years, Kent Hazzard & Freeman has developed long-standing relationships with trusted partners who specialize in medical malpractice. These teammates include medical experts who can assess birth injuries, provide testimony, and help validate claims. This network of professionals is a crucial asset in cases where technical medical knowledge and experience are needed to establish liability.
A lawyer with a strong network can also help navigate the often-complicated legal proceedings, saving you time and effort while ensuring that your case is handled by the right experts at every stage. This network allows Kent Hazzard & Freeman to access top-tier resources and legal support, further strengthening your case and improving the chances of a favorable outcome.
By choosing Kent Hazzard & Freeman, you are not just hiring a law firm, but gaining access to a robust legal network built on years of experience and trust in White Plains. This close-knit team approach is invaluable in ensuring that all aspects of your case are thoroughly examined and handled with the utmost care.
Consult a Medical Malpractice Lawyer in White Plains
Your first step should be to consult with an experienced medical malpractice lawyer in White Plains. A lawyer who specializes in birth injury cases will review the details of your situation. They will help assess whether medical malpractice occurred and determine if you have a valid claim. Additionally, they will explain the statute of limitations, ensuring that you understand the timeline for filing your case. This is an essential part of the process, as missing deadlines can prevent you from seeking compensation.
Gather Evidence
Once you’ve consulted with a medical malpractice lawyer in White Plains, your next step is to gather evidence. This includes collecting medical records, hospital records, and any relevant documents that can support your case. Your attorney will help you organize these records and may suggest obtaining expert testimony from medical professionals. Expert witnesses can provide crucial insight into whether the injury was caused by negligence. This step is vital to building a strong case and establishing that medical malpractice occurred.
Determine the Responsible Parties
Identifying who is responsible for your child’s birth injury is a crucial part of the lawsuit process. Your attorney will investigate the circumstances of the birth and work to determine whether the responsible parties are the doctor, nurse, hospital, or another healthcare provider. Kent Hazzard & Freeman, with their extensive experience, can offer valuable legal expertise to help identify and hold the correct parties accountable for the harm caused. They will leave no stone unturned in identifying those responsible and establishing liability.
File the Lawsuit
After gathering all the necessary evidence and determining responsibility, your attorney will proceed to file the lawsuit on behalf of your child. The lawsuit will seek compensation for various damages, including medical expenses, pain and suffering, lost quality of life, and any other losses your family has endured as a result of the birth injury. With Kent Hazzard & Freeman representing you, you can trust that your case will be handled with the attention and dedication it deserves.
By following these steps, you can initiate a birth injury lawsuit with the guidance of a skilled medical malpractice lawyer in White Plains. Taking prompt action will ensure that your child’s rights are protected and that your family has the financial support needed for future care and recovery.
From Questions to Solutions: How a Medical Malpractice Lawyer in White Plains Can Help
Navigating the legal process of a birth injury lawsuit can be complex, especially when it comes to medical malpractice. An experienced medical malpractice attorney in White Plains will provide invaluable assistance every step of the way. They will:
- Assess the viability of your case
- Gather necessary evidence and expert testimonies
- File the lawsuit and ensure all deadlines are met
- Handle negotiations with insurance companies and other parties
- Represent you in court if necessary
If your child’s birth injury occurred years ago, Kent Hazzard & Freeman can help you understand your legal options. With their extensive experience in medical malpractice cases, they will create a strong legal strategy to secure the best possible outcome for your child.
Why Choose Kent Hazzard & Freeman for Your Birth Injury Case?
Choosing the right law firm is crucial when pursuing a birth injury lawsuit. Kent Hazzard & Freeman specializes in medical malpractice cases, including birth injuries. Their legal team is experienced in the complexities of these cases, especially the statute of limitations and birth injury claims.
With Kent Hazzard & Freeman on your side, your case will be in good hands. The team is dedicated to treating your child’s birth injury claim with the seriousness it deserves. They will guide you through each step of the legal process, keeping you informed and supported.
Conclusion
If your child suffered a birth injury 20 years ago, you may still be able to file a lawsuit. It’s crucial to understand the statute of limitations, the role of litigation guardians, and why acting quickly matters in medical malpractice cases.
By speaking with a medical malpractice lawyer in White Plains, you can explore your options and find the best way forward. Kent Hazzard & Freeman has the experience to help you pursue justice for your child, no matter how much time has passed. Contact Kent Hazzard & Freeman today to discuss your case and explore your options for seeking the compensation your child may be entitled to.