Are There Time Limits to File a Birth Injury Case?

If your child suffers a traumatic birth injury, then you should speak to a lawyer as soon as possible so that you can file a medical malpractice lawsuit within the required time. However, unless a healthcare provider informs you of an error and apologizes, which is rare, parents may not be immediately aware that anything is wrong. However, as attorneys Patrick Regan and Jacqueline Colclough explain in this video, parents are usually within the time limits to file a birth injury case.
There are times when families come to us and they think that perhaps that they have experienced a traumatic injury, their child has experienced a traumatic birth injury that was the result of negligence. There are times when the parents come to us and tell us that the physician involved—or one of the nurses involved or even sometimes the hospital administrator who becomes informed of it—will come to them and say we think that we made a mistake. We’re very sorry. This could have been prevented. That’s unusual. I think that’s a function of the culture of the hospital. I think it’s a function of the personality of the healthcare provider. It’s something that we can never really predict. It’s something that we like to hear. Because we do believe in accountability for healthcare providers who make mistakes. And that’s one reason we do what we do. One of the most important things with a birth injury case is to determine, when does that case need to be filed? There are time limits that apply to every case. And the parents need to understand that they should investigate the case. At the earliest possible opportunity before it becomes too late. Some injuries don’t become obvious to the parents until the child is maybe a year old. That’s—there’s still time in most instances to have the case investigated. The statute of limitations usually is going to be longer than a year. Each jurisdiction has their own statute of limitations and for that reason, it’s very important that parents who suspect that there’s been a birth injury consult with a lawyer as soon as possible. To make sure that if there is a claim, it can be filed within the statute of limitations. For more information, go to Or call (202) 753-4272.