Health Law

When Is It Too Late To Sue for a Birth Injury?

When is it too late to sue for a birth injury? – This is a question being debated in a case in the United Kingdom. The case involves a man, now 34, who is seeking damages for injuries suffered due to oxygen deprivation at birth.

In the U.K., individuals may sue for damages up until the age of 21 and this particular case is unique in that the man is filing his case well beyond the legal time limit. His claim, however, is that he was once able to live a relatively normal life whereas his condition has now deteriorated to a point where he requires extensive care.

Shorter Time Limits in the U.S.
In the United States, the statute of limitations (which restricts the amount of time individuals have to file suit) is generally much shorter – usually between one and three years from the time of the injury or the time it was discovered. These time limits are strict and exceptions are rarely made.

It has yet to be determined whether an exception will be made in the case in the U.K. If so, the case would likely be built on faded memories since medical records are usually destroyed after so long a period of time. For this and other reasons, the case raises interesting questions about statutes of limitations on birth injury claims. And not just in the U.K., but in the U.S. as well.

Birth injury claims may involve conditions like cerebral palsy and brachial plexus palsy. Parents who notice cerebral palsy symptoms in their child after a traumatic birth may wish to consult a medical lawyer. A claim against a negligent doctor is viable only if filed within the relevant statute of limitations.

 

Full post as published by Cerebral Palsy Law Blog on March 19, 2009 (boomark / email).