Can Birth Injuries Appear Later in Life?
What to Do If a Birth Injury Went Unnoticed
Most birth injuries present themselves right away, such as broken bones or serious brain injuries that require immediate surgery. However, some injuries don’t show up for weeks, months, or even years. Sadly, this means that many parents don’t realize their baby has suffered a serious injury at the hands of negligent doctors or other healthcare providers until well after the fact. But do these parents lose the right to take legal action simply because they are unaware of their child’s injury?
If your child suffered an injury at birth, you may have the right to seek compensation from those responsible. To learn more about your rights and legal options, contact the Bronx birth injury lawyers at Asaro & Associates. We are dedicated to helping victims of birth injuries get the justice they deserve. Call (347) 231-5459 today to arrange a free consultation.
What Is Considered a Birth Injury?
A birth injury is any injury that occurs before, during, or shortly after the birthing process. Examples include:
- Broken bones
- Traumatic brain injury
- Spinal cord injuries
- Brachial plexus injuries (Erb’s palsy)
- Shoulder dystocia
- Cerebral palsy
- Klumpke’s palsy
- Vision, hearing, or motor impairment
- Hydrocephalus
- Facial injuries
Birth Injuries That May Have Delayed Symptoms
Birth injuries that go undiagnosed are typically those that affect a child’s cognitive function and/or his or her mental or physical development and often involve injuries that cause damage to a baby’s brain, spinal cord, or nerves. Causes of these injuries include but are not limited to hypoxia (oxygen deprivation,) undiagnosed or untreated infections, the improper use of forceps or other birth-aiding tools, and the improper administration of medication.
Birth Injury Claims
While some birth injuries are not preventable, many are a direct cause of a healthcare provider’s negligent actions. In these cases, the injured victim or a family member acting on their behalf can seek damages by filing a birth injury claim against the negligent party.
Types of damages include:
- Past and future medical expenses
- Rehabilitation
- Assistive care
- Home and vehicle modifications
- Pain and suffering
- Mental anguish
- Disability
- Disfigurement
- Diminished quality of life
- Wrongful death damages
New York’s Birth Injury Statute of Limitations
A statute of limitations sets forth the maximum amount of time a party has to file a lawsuit after an alleged offense. In the majority of personal injury cases, this time begins on the date the injury occurred. Once the statute of limitations runs out, the injured party loses their right to take legal action against the negligent party.
But with many birth injury and medical malpractice cases, victims don’t learn of their injuries for months or even years. In these circumstances, New York allows victims to retain the right to take legal action through a modified statute of limitations. It states that an injured party must file a claim for damages within 30 months of the date of injury or from the date the injured victim became aware of their injury.
If the injured victim is under the age of 18, they have ten years from the date they learned of their injury to file a claim and up to 30 months after they turn 18. However, most parents choose to take legal action on their child’s behalf well before the time afforded by the statute.
Speak with a Birth Injury Lawyer in The Bronx
Healthcare providers have a duty to prevent harm or injury to their patients by providing adequate care. When they fail to do so, they must be held accountable for their actions.
While no amount of money can make up for your child’s injury, taking legal action and seeing that justice is served can bring peace of mind to you and your family.
At Asaro & Associates, we understand the devastating and far-reaching effects of a serious birth injury. Birth injuries can lead to endless surgeries and costly ongoing care, taking a significant toll on victims and their families. That is why we fight so hard to secure full and fair compensation on behalf of our clients, ensuring they have the means to provide the care their children need. To determine whether you still have the right to seek compensation for your child’s birth injury, contact us online or call (347) 231-5459 to schedule a free case review.
