Shoulder injuries at birth are relatively serious injuries. They can impact your child’s range of motion, prevent movement and destroy their quality of life. To make matters worse many erbs palsy cases go undetected for years because the victims are not aware birth injury. Many believe it is birth abnormality rather than a birth injury. If your child has suffered a birth injury contact Downtown L.A. Law for a free consultation of your case. Many times there is direct evidence which will indicate that the doctors and treating physicians were liable for the injuries.
Difference Between Birth Injuries and Birth Defect
Children Injured due to Medical Malpractice during their delivery are entitled to monetary compensation
Birth injuries are those which occur because of another person’s negligence or lack of care. When you are injured at birth, by the negligence of a doctor you have the right to bring a lawsuit for your injuries. Birth injuries occur when the doctor makes some type of error at the time of delivery or the nurses make some type of error at or after the delivery.
Birth defects are genetic abnormalities which are caused by outside factors not under the control of the OBGYN or nurses. Birth defects are actionable if you can prove the defect was caused by a drug which caused the injury, however this would be a different claim entirely.
To assess whether you have a birth injury or defect you may need to have the info evaluated by a health professional or expert. Generally a qualified expert will be able to quickly determine the cause of the injury and make a decision with regards to your injury.
How Long Do I Have To File an Birth Injury Case
All medical malpractice lawsuits in California must be filed within 1 year from the date of the injury, certain exceptions apply. Generally you must first send a 90-day letter to all treating physicians before filing a lawsuit. A 90-day is a requirement in California and must be sent before filing a lawsuit for your injuries.
Minors are always given additional time to file a lawsuit for their injuries. In California a minor-a child under the age of 6-allows for the lawsuit to be filed within 3 years from the date of the injury or before his/her 8th birthday. So if the child is under the age of 6 and discovers the injury they will have either three years from the date of the injury to bring a lawsuit or before they are 8 years of age, whichever is greater.
Filing deadlines are critical in these types of lawsuits. If you do not file timely you will be barred from bringing a lawsuit for your injuries. It is imperative that you have a claim filed before the statute runs out.
90-Day Letter Tolling StatuteCalifornia Code of Civil Procedure §364-365 requires that a 90-day letter be given as prior notice of your intent to file a lawsuit. The notice is required before filing any type of lawsuit against a health practitioner. This notice will also work to toll the statute and prevent it from running. When the 90-day letter is sent your time period for filing will be extended. If you have any questions feel free to contact us today we are happy to help.