Birth Injury Lawsuits
Thousands of people are affected by preventable birth injuries. We cover a variety of birth injury lawsuits including cerebral palsy lawsuits. Although a birth injury lawsuit may not correct a child’s injury, it can assist with rehabilitation, treatment, and medical expenses for a child’s future. We provide a wide array of insight on birth injury lawsuits, but this is an area of practice that requires knowledge of medical malpractice lawyers.
What is Cerebral Palsy?
Cerebral palsy (CP) is the name given to a group of movement disorders, ranging from limbs being very rigid in some children and very flaccid in others. CP's motor component can affect just the lower limbs (paraplegia or diplegia), the arm and leg of one side of the body (hemiplegia), or all four limbs (quadriplegia). Cerebral palsy can be a birth injury.
Essentially, it is believed that damage to portions of the brain occurs before birth, during birth, or in some cases relatively soon after birth and even during early childhood. At times, this diagnosis is not made until many months—sometimes years—after a child is born.
Special needs children affected with cerebral palsy may also suffer other problems such as:
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Nash & Associates represents parents whose children have been diagnosed with CP and whose condition may be the result of medical or other health care malpractice. Contact us for more information, or visit our resources or FAQs page.
Nash & Associates LLC - Maryland Birth Injury Lawyers
Cromwell Center
809 Gleneagles Court
Suite 201
Baltimore, MD 21286
TOLL FREE: 800-690-7895
Local: 410-616-8866
Are there time limits for birth injury lawsuits?
There are different statutes of limitations depending on the nature of the birth injury claim. In the case of a deceased child, there is the potentiality of claims under both the Wrongful Death Act as well as the Survival Act. In the District of Columbia, there is a one-year statute of limitations for bringing an action for wrongful death and a three-year statute of limitations for a Survival Action. There are a number of different principles that apply whether a claim under either statute exists, and the statute of limitations can vary under certain circumstances. These are matters that our lawyers would discuss with you under the specific facts of your case.
In the case of a living child, there is the potential for multiple claims. A parent may bring a claim for certain damages, such as medical expenses, during the period of the child's minority or disability. The child, through a parent or guardian, would have a claim for his/her personal injuries (pain and suffering, mental anguish, etc.) and may well have a claim for future lost earnings, diminished earning capacity, future medical care and related expenses, and more.
Generally speaking, the statute of limitations for any parental claims is three years for a claim of medical negligence. For the child's claim, the statute is tolled—held in abeyance—until the child reaches age 18. Upon reaching the age of majority, your child would then usually have three years in which to bring his/her lawsuit for claims and damages. This can potentially vary depending on the capacity of the child to bring suit on his/her own behalf. You should also be aware that there may be exceptions to these general rules. Under certain factual scenarios, the statute can be extended under well-recognized exceptions such as the discovery rule or the continuing course of treatment rule.
The determination of when the statute of limitations runs is a matter that our lawyers are prepared to analyze with you. Keep in mind that you should not delay the investigation of a claim. The obtaining of medical records, expert review and similar pre-trial investigative steps can take time to complete. It is always better that you contact us as soon as you can in order to avoid the potential bar of limitations to a lawsuit.
Nash & Associates LLC - Washington DC Birth Injury Lawyers
1025 Connecticut Avenue, N.W.
Suite 1012
Washington, D.C. 20036
800-690-7895
Birth Injury: Facial Paralysis, Brain Damage, and Spinal Cord Damage
Mild birth injuries can include scratches and some surface bruising. Serious birth injuries, however, yield long-term effects that impact the child's and the parents' lives. Medical care workers are trained to recognize difficult labor or improper positioning of the baby and are taught the proper ways to deliver a baby in these situations. However, errors in these handling situations can happen, leading to permanent injury.
Facial paralysis, brain damage, and spinal cord damage can result from such negligence. If you suspect or are concerned that your child has sustained any serious injury due to the negligence of a health care professional, you need an experienced birth injury lawyer.
Nash & Associates LLC - Maryland Birth Injury Lawyers
Cromwell Center
809 Gleneagles Court
Suite 201
Baltimore, MD 21286
TOLL FREE: 800-690-7895
Local: 410-616-8866
Wicomico County Jury Awards $2M
Two million dollar settlement for family after sepsis & Death of Infant
Case Facts: A Wicomico County jury awarded $2,000,000.00 to the parents of a 19-day old infant whose pediatrician failed to personally examine him after his parents complained of a week-long history of severe vomiting & diarrhea. The pediatrician also failed to suggest that the parents take their child to the emergency room. Instead, the pediatrician assured the parents that their child was suffering from an allergy to formula and suggested that the parents were over-reacting. The 19-day old was eventually taken to the emergency room but died the next day of an overwhelming infection called sepsis.
Nash & Associates - Maryland Birth Injury Lawyers
Cromwell Center
809 Gleneagles Court, Suite 201
Baltimore, Md 21286
(800) 690-7895
(410) 616-8866
