What if You Suspect Your Child’s Problems May Have Been Caused by a Birth Injury That Occurred Years Ago?

When a child is injured shortly before or during the birth process, it is not always obvious. In fact, parents who spend nearly every waking moment with the child may not realize that something is wrong for quite a long time. The effects of some birth injuries do not become apparent until a child grows and develops and fails to meet developmental milestones. Even then, pediatricians will often reassure parents that they have nothing to “worry about.”

If you are starting to suspect that your child may have suffered birth injuries that were not obvious at the time of birth, you may be wondering if it is too late to take legal action. After all, birth injuries frequently require costly medical care and therapy, and the compensation provided through a medical malpractice claim can provide resources for the child and the family on the difficult road ahead.

It’s not possible to provide advice about what to do in a blog, so if you contact our team for a free consultation, we can review the details of your situation and explain the rights that apply in your case. Here are the general guidelines that apply for birth injuries in Wyoming that are discovered later.

Statute of Limitations for Birth Injuries

Unfortunately for victims of medical malpractice, the law sets a strict deadline for filing a claim for compensation when someone has been injured due to the negligence of a doctor or other medical professional. This deadline is referred to as the statute of limitations. If you don’t file a legal action before the deadline passes, you lose your right to hold the doctor accountable for irresponsible actions. To protect yourself, it is wise to talk to a personal injury attorney as soon as you suspect a condition may have been caused by a birth injury.

The General Rule for Medical Malpractice

In most cases where someone alleges that a doctor, hospital, nurse, or other medical professional has been negligent in providing care, a patient must work with a malpractice attorney to file a claim within a two-year period to comply with Section 1-3-107 of the Wyoming Statutes. The key issue is determining when that two-year period begins. It could either be:

• Two years from the time the mistake was made, or
• Two years from the time the patient discovered the mistake

In that second situation, the start of the limitation period is delayed by law. That can only occur if the patient’s legal team can show that the injury could not reasonably have been discovered within two years of its cause or that the patient exercised due diligence to try to discover the cause within two years but was unable to do so.

Special Rules for Children

Children, especially young children, are not as aware of what should feel normal in their bodies, and they often do not understand when they are experiencing sensations that are out of the ordinary. They may not realize they’ve been injured. Or if they express concerns, those concerns may not be understood.

The law has special rules that apply when minors are injured by medical malpractice, including birth injuries. Although parents have only two years to file a claim for birth injuries, it may be possible for a claim to be filed for the child after more time has elapsed. The statute of limitations allows claims at a later date when injuries occur while a child is a minor, but the application of the laws can be complex. An attorney can explain the deadline that applies to your specific situation.

Contact a Birth Injury Attorney at Ragain & Clark As Soon As Possible if You Think Your Child May Have Been Injured at Birth

Conditions such as Erb’s palsy, which affects a child’s back, neck, and shoulder, may not be noticeable in an infant or toddler. The same can be true for many injuries that result when a child’s brain is deprived of oxygen during birth. Medical professionals will not readily admit they’ve made mistakes, so it can take time to realize that a child was injured before or during birth.

It is important to get your child evaluated by a doctor and to talk to a Wyoming birth injury lawyer as soon as you begin to suspect your child may be suffering due to a birth injury. At Ragain & Clark, we have decades of experience fighting for the rights of injured children and their families. We understand that you deserve to have your questions answered. Call us at 307-388-6400 or contact us online today to schedule a free consultation so we can help you discover how you may be able to recover resources to protect your child’s future.