Birth Injury Claims: How Long Do I Have to File?

Typically, medical malpractice claims have a statute of limitations for up to two years and six months after someone becomes aware of a medical malpractice injury. Birth injuries, on the other hand, have a modified statute of limitations that extends the statute of limitations.

For example, if the victim is younger than 10 years old, they (or their parents) may file a medical malpractice claim for up to 10 years after discovering the injury; if a birth injury victim turns 18, the modified statute of limitations allows them to file a claim for an injury a medical professional caused during their birth for up to two years and six months after their 18th birthday.

While this can potentially give families a bit more time for the effects of a birth injury to become more apparent, success in these cases is never guaranteed. As with any medical malpractice claim, doctors and their insurance companies will fight hard against allegations of negligence or misconduct that caused a birth injury. This is why it’s so essential to have an attorney who’s experienced in handling medical malpractice matters on your side.

Contact the Law Office of David Kates

At the Law Office of David Kates, we understand that medical malpractice claims concerning birth injuries can be an overwhelming experience. We are here to provide you with assistance and support throughout the legal process. Our experienced attorney has successfully represented clients in a variety of birth injury-related cases, including cerebral palsy, Erb’s palsy, and shoulder dystocia.

We understand that you may not be familiar with the intricacies of the legal system or have a full understanding of your rights as a parent in such cases. We work hard to ensure you are informed of every step taken to protect your interests. Our attorneys are dedicated to providing compassionate and knowledgeable representation for you and your family through this difficult time. We strive to provide all our clients with unparalleled service and results that exceed their expectations.

If you or someone you know has suffered a birth injury due to medical malpractice, contact the Law Office of David Kates today to receive a free case evaluation and discuss your next steps.