Medical malpractices are the third leading cause of death in the United States. Around 48 percent of the malpractice cases include more than one person.
If your child has been diagnosed with cerebral palsy, you may be wondering about the statute of limitations for filing a lawsuit. What is the deadline by which you must file a claim? How long will you have to seek damages?
This blog post will overview the statute of limitations in cerebral palsy cases. In addition, it will discuss some important things to keep in mind if you are considering filing a lawsuit.
- The first thing you should know is that the statute of limitations may vary depending on the state in which you reside. Each place has rules and regulations regarding how long you must file a claim. For example, some states require that claims be filed within two years of injury, while others allow up to six years.
- It is crucial to understand and diagnose cerebral palsy as soon as possible so that you can take the necessary legal action within the timeframe allowed by your state. For example, in Pennsylvania, the statute of limitations for medical malpractice cases is two years from the date of injury or four years from the date of discovery of an injury. Unfortunately, in cerebral palsy cases, it is often difficult to determine when the injury occurred, so it is important to seek legal counsel as soon as possible. It is also important to note that in some states, the period of filing a claim may be extended if the child was under 18 at the time of the injuries.
- Cerebral palsy may occur due to various reasons like:
- Lack of oxygen to the brain
- Infections in the mother during pregnancy
- Bleeding inside the brain
- Trauma during birth
All these reasons can lead to cerebral palsy. However, most cases are due to medical negligence. If your child has cerebral palsy because of medical negligence, you have a strong case against the doctor or hospital.
It is important to understand the statute of limitations in your state for filing a cerebral palsy case. The time limit may be as short as one year or as long as five years. If you want to file a case against the doctor or hospital, you must do so within this time frame.
- Lastly, it is important to seek legal advice to determine the specific deadlines that apply to your case.Every state has its own set of rules and deadlines when filing a claim, so you must seek legal advice specific to your state. An experienced attorney can guide you through the process and ensure your case is filed within the appropriate time frame.
Final Thoughts
Whether you or your child has cerebral palsy, it’s important to be aware of the statute of limitations in your state. It will ensure you don’t miss out on filing a claim and receiving the compensation you deserve. Remember, every case is different, so it’s always best to consult with an experienced attorney.
Cerebral palsy lawyers understand your challenges and will fight to get you the compensation you need to cover your medical expenses and other costs associated with your child’s condition.