Statute of Limitations on Birth Injury in New York

The birth of your child should be one of the happiest moments of your life, but if medical negligence has transformed this event into a nightmare, it can be tough to know what your next steps should be. Filing a personal injury claim can be the best way to recover damages for what you and your child have suffered, but there are time limitations to know about.  

As with any other type of personal injury claim, birth injury lawsuits have to abide by statutes of limitations in New York. But exactly how long do you have to file your claim? At Silberstein & Miklos, our team of birth injury lawyers can guide you through the process.  

Birth Injuries: What They Are and What Causes Them?

Birth injuries occur when a baby suffers before, during, or directly after birth. The birth process itself puts a lot of stress on both the mother and the child, but sometimes, healthcare providers add to the risk by behaving negligently.  

One of the most common causes of birth injuries is prolonged labor. Labors that last 18 hours or more are considered prolonged. The longer that labor goes on, the more pressure the process places on the baby’s brain. This can result in high blood pressure and other signs of fetal distress, potentially leading to cardiovascular problems and strokes.  

Another significant cause of birth injuries is oxygen deprivation. It can be the result of a prolapsed umbilical cord or prolonged labor. 

Often, issues like oxygen deprivation occur because of medical negligence. Medical negligence happens when medical professionals don’t live up to the standard of care that is expected. Some of the most common types of medical negligence that result in birth injuries include: 

• Failure to monitor the baby’s vital signs
• Failure to act rapidly in a dangerous situation
• Delay in ordering a C-section
• Misuse of birthing tools, like forceps and vacuum extractors
• Failure to diagnose health conditions in the mother or baby
• Use of unnecessary force during birth
• Failure to monitor the baby and mother after childbirth

Any of these negligence examples can result in severe injuries that could affect your child and you for the rest of your lives.  

How Long Do You Have to File a Birth Injury Claim?

The statute of limitations refers to the time you have to file a claim. These deadlines ensure that claims are brought forward while there’s still viable evidence. In New York, birth injuries are complex when it comes to statutes of limitations.  

The state allows for no more than 10 years from the date of the negligence or from when injuries are discovered. This is important since not all injuries are apparent immediately after they occur. Keep in mind that a birth injury case involving a federal, state, or other public hospital or care facility usually has a much shorter timeline.  

If you don’t file on time, you forfeit your chances of getting the compensation you need. That’s one of the reasons you need to hire a lawyer to represent you through this process.  

Damages You Can Claim After a Birth Injury

You have the right to claim economic and non-economic damages when you file a claim after a birth injury. Economic damages compensate you for the financial losses you sustained, including medical expenses. If your child suffered injuries that will require ongoing medical care, these expenses can also be covered.  

Often, birth injuries result in developmental issues that can affect your child’s education. If you need to place them in special needs schools, this can also be included in the economic damages.  

You can claim lost wages if you’ve had to take time off to care for your child or loss of earning potential if you won’t be able to work because of the injuries. It’s also possible to compensate your child for their earning potential if they have incapacitating injuries.  

Non-economic damages compensate you for more subjective losses, like emotional distress and loss of enjoyment of life. By working closely with a lawyer, you can get a clear idea of what you can claim if your child suffered a birth injury.  

Trusting Compassionate Birth Injury Lawyers

If medical negligence led your child to suffer a birth injury, you may be entitled to compensation. To be able to receive the assistance you deserve, you need experienced birth injury lawyers. At Silberstein & Miklos, our team can help you understand what your rights are and can fight for fair compensation.  

Schedule a free consultation with our personal injury lawyers and begin your claim.