Suffering a birth injury can shatter a family’s world, hitting hard with the stark reality that their newborn’s future—and theirs—has been irrevocably changed. When medical negligence leads to birth injuries, families often find themselves swamped by emotion and driven to seek reparation for their child’s ordeal. Unfortunately, you may not learn about the mistake until you are older. If that happens, can you still sue for a birth injury? Our experienced Stroudsburg birth injury lawyer weighs in.
What is a Birth Injury?
The term birth injury covers a broad spectrum of harm inflicted on a newborn during or shortly after their arrival into the world. The impact of birth injuries on a newborn can range from quickly fading bruises to severe brain damage that might forever change their future.
Sometimes, when birth injuries occur, the aftermath of these injuries remains concealed for years, making it challenging to associate them with the birthing process directly. However, suppose negligence by a medical professional can be established as the cause of your birth injury. In that case, it opens the door to pursuing a lawsuit and potentially receiving compensation for the harm suffered.
What is the Statute of Limitations, and Why Does it Matter?
A statute of limitations is like a timer for bringing up legal action. This period is generally two years for medical malpractice cases in the Keystone State. However, the rule bends a bit when we talk about birth injuries.
In Stroudsburg, PA, as in other parts of Pennsylvania, the statute of limitations for filing a birth injury claim typically depends on whether the injured party is a minor or an adult. For minors (children under 18), the statute of limitations for birth injury claims is generally extended.
In Pennsylvania, the statute of limitations for most personal injury lawsuit claims, including birth injuries, is usually two years. However, for minors, this period does not begin until they reach the age of 18. This means a child who suffered a birth injury could potentially file a lawsuit until they turn 20 years old.
There might be specific exceptions or exceptional circumstances that could affect this timeline. For example, if the injury wasn’t discovered immediately or if there was medical malpractice involved, different rules might apply.
It’s crucial to consult with a personal injury attorney, legal expert, or law firm specializing in birth injury cases in Pennsylvania for accurate and up-to-date information. They can provide guidance based on the specific details of the case and any recent changes in the law.
Whether the disability is mental or physical, if it prevents the injured party from pursuing a lawsuit, the clock of the statute of limitations comes to a standstill. Essentially, the time frame for filing a birth injury lawsuit remains on pause until the disability is no longer a barrier. This extra rule is a nod to the complexity of many birth injuries, giving folks more time to fight for what’s fair and square.
Receiving Compensation for a Late-Diagnosed Birth Injury
The aftermath of some birth injuries remains latent for several years, making it difficult to link them to the birthing process. However, when a late-diagnosed birth injury comes to light and medical negligence is proven to be the cause, it’s time to seek justice.
Pennsylvania law considers this delayed discovery and provides additional provisions to extend the filing deadline. Consequently, a late-diagnosed birth injury does not close the door on your chance to sue for compensation. A birth injury lawsuit can provide the funds for ongoing care.
Birth injury impacts stretch far beyond the initial trauma, demanding an intricate web of care that evolves with a person throughout their life.
When a child suffers a birth injury, it can sharply steer their future toward needing ongoing, intensive care and medical attention. Birth injuries vary widely; some need just a bit of help, while others mean calling in a whole team for ongoing therapy and medical care. Grasping the complexity of these injuries, you’ll find your bank account and peace of mind taking a severe hit.
The importance of securing just compensation becomes glaringly apparent in these circumstances. It can provide a financial cushion for the significant medical expenses, long-term therapy sessions, and care costs that can follow a birth injury.
Why Should I Hire a Birth Injury Lawyer at Munley Law?
Dealing with a birth injury’s fallout is challenging enough without the maze of legal steps, and that’s precisely why Munley Law’s expertise is crucial. Munley Law’s team excels at dissecting the knotty details of medical malpractice, like birth injuries, to show where things went wrong and fight for what you’re owed.
Rely on Munley Law’s birth injury lawyers to expertly navigate your legal hurdles and secure the win you’re aiming for.
Munley Law Personal Injury Attorneys
27 N 6th St,
Stroudsburg, PA 18360
(570) 338-4494
