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How long do I have to file a birth injury claim?

On Behalf of | Mar 16, 2018 | birth injury

Labor and delivery day is a day filled with excitement and worry. Most parents cannot wait to finally meet their little babies, but they are obviously concerned about the physical process and making sure both mom and baby come out of it healthy. Unfortunately, it is not uncommon for mom and baby to suffer some sort of birth injury in the process. If this happens and it is the result of medical negligence, how long does the state of Louisiana give to file legal claims in order to seek compensation?

Every state has what are called statutes of limitations in regard to civil claims. There are two real reasons for this. First, it helps in preserving evidence. Second, it prevents an injured person from holding a lawsuit over the responsible party’s head indefinitely. The length of time given to file a legal claim depends on the issue at hand.

When it comes to birth injury cases, the statute of limitations for filing a civil claim is one year from the date of injury or one year from the date the injury was discovered. So, this could be one year from the day of birth or one year from when any symptoms of a birth injury were actually diagnosed as a problem. So, in reality, one may have several years to file if it takes several years to receive a diagnosis.

Women in Louisiana who suffered injuries during the birthing process or parents whose children suffered some form of birth injury due to medical malpractice may be entitled to seek fair and full compensation for their losses. To do it, though, they have to file their legal claims in the specified time frame or they run the risk of losing the chance to seek any relief. Those who believe they have a case can turn to an experienced attorney who will be able to review their cases and, if deemed appropriate, help them through the legal process.

Source: FindLaw, “Louisiana Civil Statute of Limitations Laws“, Accessed on March 12, 2018