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Birth injury lawsuits can be very complicated for all those involved – including the child, family, friends and even the attorney. Aside from the financial and emotional impact, the law sets certain limits on when a case must be filed and may limit damages.
Statute of limitations for filing a case
The statute of limitations, or the time in which someone must file a lawsuit before being barred from doing so, differs in birth injury cases depending upon who files the suit. Jeff Milman, an attorney who has been practicing medical negligence law for 26 years and member of the Advocate Law Group, explained, “For the adult in California, it’s one year from the date you knew, or with suspicion should have known, of injury or damage. So for example, if the parent has a negligent infliction of emotional distress claim, they should be talking to a lawyer pronto.”
“For the baby, they have upwards of eight years. The statutes are somewhat complex, so I would advise anyone who even suspects there is a birth injury to immediately acquire the records and see a competent attorney rather than risk the statute of limitations barring their claim.”
How do damages differ in these types of cases?
Damages in these cases also differ. According to Milman, “Unfortunately, damages are capped at $250,000 per family in a wrongful death case. When you have a child that’s born profoundly damaged, you’re dealing with different damages. You’re dealing with a $250,000 pain and suffering damage cap for that child and then you’re dealing with some fairly sizeable numbers for future medical care and also lost earnings if the child will be unemployable by virtue of its disabilities.”
“Then there’s the issue of attendant nursing care. For example, if you have a mother or a father who are spending a great deal of their daily time providing direct nursing care that they otherwise would not have to do for a child without disabilities, they would be entitled to be reimbursed for that.”
If your child was profoundly injured or died as the result of medical negligence, contact an attorney whose practice focuses in this area of law for help. To contact an experienced attorney near you, please click here.
