Erbs Palsy and Cerebral palsy
are amongst the most frequent birth injuries in the United States. Every years thousands of newborns suffer from such afflictions resulting in permanent disabilities requiring long term medical attention and costly rehabilitation expenses. Filing a medical malpractice claim for birth related injuries can be an excruciating process for parents and children involved.
Perhaps the most important aspect of your child’s medical malpractice claim is for the lawsuit to be filed with the allotted statute of limitations imposed by State Law. Failing to file a claim within the allotted time will result in a denial of the compensation sought by an injures plaintiff in a personal injury cause of action. In that sense it is vital to seek out legal advice as soon as possible before such limitations exclude your child form the compensation deserved.
Birth Injury Lawsuit Must be Filed in Time – Statute of Limitation California –
Under California Medical Malpractice laws an individual has 3 years from the date of the injury or 1 year from the date which the injured party realized or should have realized that the injury had take place. However for minors below the age of 6 the California Civil Statute of Limitations pertaining to Medical Malpractice lawsuits places a 3 year time limit or any time before the child 8th birthday
For more information read California Code of Civil Procedure §340.4, but it basically is read the same as CCP §340.5, and case law has found that §340.5 is appropriate.
For Medical Malpractice Laws including Statutes of Limitations for All 50 states and Jurisdictions across the county see here
Seeking Legal Representation
: If you have any further legal question our attorneys offer a free case review of any minor who has suffered the tragedy of a birth injury including erbs palsy and cerebral palsy. To schedule a free case evaluation contact our Law Offices call toll free (855) 339-8879