English 
Spanish The statute of limitations in birth injury medical malpractice claims is generally three years. However, certain factors, such as the age of the injury victims, can alter the filing timeframe that applies to your birth injury claim.
Breaking down the statute of limitations in birth injury medical malpractice lawsuits can be challenging. Doing so is a crucial part of your case, though, so a clear understanding is beneficial. The best way to understand how the filing deadline applies to your case is to let a personal injury lawyer handle your case.
What Is California’s Statute of Limitations for Birth Injury Medical Malpractice Claims?
According to CCP § 340.5, the statute of limitations on medical malpractice cases is generally three years. The statutory clock starts running on the date of the medical error or the date of its discovery.
People of any age can have a claim for medical malpractice with varying fluctuations to the statute of limitations. Children older than six, teenagers, and adults must generally file a lawsuit within the allotted time listed above.
The filing deadline for birth injury lawsuits in which an infant was injured is different. In general, it does not expire until the child turns eight years old. This allows time for the birth injury to manifest and be discovered or diagnosed.
The medical malpractice attorney handling your claim will provide clarity on the statute of limitations and its specific effect on your lawsuit.
How Is the Statute of Limitations Affected If a Birth Injury Results in Fatality?
When pursuing justice for the loss of a loved one who succumbed to an injury at birth, you may not understand which filing deadline to meet. In cases of medical malpractice and wrongful death, the medical malpractice statute of limitations governs the lawsuit.
What Happens If the Birth Injury Medical Malpractice Filing Deadline Expires?
Filing your lawsuit in compliance with the legal time limits in California is required. If the statute of limitations is not met, it can put your legal right to seek compensation in jeopardy. Accordingly:
- You will be prohibited from filing your lawsuit at all
- Your lawsuit, no matter how valid, will be dismissed
The sooner you seek legal support for your medical negligence claim the better, since either outcome could mean you will have no further legal recourse available to you.
How Can a Birth Injury Medical Malpractice Filing Delay Be Avoided?
Any physical harm a newborn endures caused by medical negligence during labor or delivery can be devastating for the child and their family. It can also lead to lifelong consequences that require ongoing and costly patient care and support.
If you don’t have any legal experience, the legal filing time frame can be difficult to interpret. One way to avoid missing, misunderstanding, or misinterpreting the statute of limitations is to let a birth injury attorney represent you.
What Compensation Is Available If the Birth Injury Statute of Limitations Is Met?
In birth injury cases, you can recover multiple types of damages when you file your case within the allotted period of time. The financial value of your claim will vary based on the extent of the injury and the impact it will have on your child’s life.
According to CCP § 1431.2, recoverable economic and non-economic damages can include:
- Medical expenses
- Loss of income
- In-home medical aid
- Pain and suffering
- Inconvenience
- Mental anxiety
- Emotional distress
Your legal team will calculate your damages and document them with bills, receipts, and tangible proof of your non-economic damages.
Is It Worth Hiring a Lawyer for Birth Injury Medical Malpractice Legal Claims?
Hiring a lawyer to handle your case allows you to focus on taking care of your infant and family while your lawyer puts their familiarity with the law to work for you. They can explain your legal options and the steps involved in building a strong birth-related injury case, including:
- Proving medical malpractice caused the injury
- Compiling statements from lay and expert witnesses
- Assessing the monetary value of your claim
- Handling all case-related communication
- Handling all case-related forms and paperwork
A birth injury lawyer can also provide your family with updates as your case is investigated and developed and throughout the settlement negotiation process. Your case is unlikely to go to court, but your lawyer will represent you at trial if it does.
Get Help Understanding the Birth Injury Statute of Limitations in California
If your newborn suffered an injury during their delivery, breaking down the statute of limitations in birth injury medical malpractice claims is an important part of your case. An expired filing deadline could prevent you from recovering any damages at all. Our law firm can protect you from this harmful outcome and seek the fair compensation you deserve.
Call (818) 507-8525 to contact our case evaluation team and find out how hard KJT Law Group works to clarify the filing deadline and obtain financial compensation from the responsible parties.
