Birth Injury Lawsuits: FAQs (Pt. 1)
September 23, 2014
Welcoming a new child into the world and your family is undoubtedly an exciting and wonderful experience; however, when a child may have sustained a birth injury that will cause significant impairments for the rest of that child’s life, families can be left with a lot of frustration, stress and questions. One option these families may have is to pursue a birth injury lawsuit to hold the negligent parties accountable and to obtain the compensation necessary to pay for their child’s ongoing medical needs.
In this blog series, we will respond to some common questions people have when their child may have suffered a birth injury and they are considering filing a birth injury lawsuit. Although the answers provided herein are general, you can get specific answers about your situation and best options by contacting the Portland birth injury lawyers at the Savage Law Firm today.
Answers to Common Questions about Birth Injury Lawsuits
Q – How do I know if negligence was involved in my child’s birth injury?
A –There may be some telltale signs that your child’s birth injury was caused (at least in part) by some type of negligence. For example, any of the following circumstances or events may indicate that some type of negligence contributed to your baby’s birth injury:
- Failure to diagnose maternal issues or conditions during the pregnancy (such as preeclampsia or maternal diabetes)
- Failure to recognize signs of maternal distress when they are readily apparent
- Failure to perform C-sections in a timely matter
- Newborn babies being immediately admitted to a NICU (natal intensive care unit)
It’s important to note that there may be less obvious indications that some type of medical negligence contributed to a baby’s birth injury. Therefore, it’s best to consult with an experienced birth injury attorney for a professional, thorough case evaluation.
Q – How long do I have to file a birth injury lawsuit?
A – In Oregon, the statute of limitations for filing birth injury cases is two years, and in Washington, the statute of limitations for these cases is three years. This means that parents will have two (or three) years from the date on which their child’s birth injuries are discovered/diagnosed to file a lawsuit.
Although these periods of time may seem substantial, the facts of the matter are that they can pass really quickly and that:
- Waiting can end up making a case more challenging that it needs to be (as evidence may not be as readily available, witnesses’ memories of certain events may fade, etc).
- In some cases, waiting may end up impacting the amount of compensation a family may be able to obtain.
- When these time limits expire, people will lose their opportunities to file these cases and obtain the birth injury settlements to which they are entitled.
We will continue answering common questions about birth injury lawsuits in a few additional parts of this blog series that will be posted soon – be sure to look for them!
Portland Birth Injury Lawyers at the Savage Law Firm
Is your child living with the impacts of a serious birth injury? If so, it’s time to contact the experienced Portland birth injury lawyers at the Savage Law Firm. For more than three decades, our trusted attorneys at the Savage Law Firm have been dedicated to doing whatever it takes to help them obtain the best possible outcomes.
To learn more about our legal services and what we can do for you, call us at 503-222-0200 (in Portland) or at 206-957-7272 (in Seattle). You can also email us using the form on this page.
We represent clients in communities in both Oregon and Washington from our offices in Portland and Seattle.