Statute of Limitations in Birth Injury Cases

The birth of a child is an unmatched emotional experience, but when a child suffers an injury at birth, in addition to feeling hope and pride, parents often experience shock and despair. As they adapt to their new reality, they frequently realize that the harm their child sustained due to medical negligence will require lifelong intervention. The cost of such care can be astronomical, but fortunately, the law allows victims of birth injuries to pursue damages in civil lawsuits. They must act promptly, though, or they may unintentionally waive their rights. If you have questions about the statute of limitations in birth injury cases, it is smart to speak to an attorney as soon as possible. The skilled Syracuse birth injury attorneys of DeFrancisco & Falgiatano Birth Injury Lawyers understand what it takes to present successful claims against careless healthcare providers, and if you hire us, we can inform you of your options and aid you in pursuing the best outcome possible in your case. We frequently help families pursue birth injury cases in Syracuse, Rochester, and throughout Upstate New York.

In New York, statutory law dictates the statute of limitations for birth injury cases. For children, the statute of limitations is generally tolled until they reach the age of majority. In other words, according to New York Civil Practice Law and Rules (CPLR) § 208, a minor has three years from their 18th birthday to file a civil lawsuit. Notably, however, CPLR § 208 states that the actions for medical malpractice, including birth injury lawsuits, must be commenced within ten years of when the cause of action accrues.

Further, for claims against a municipal hospital or other government entity, as stipulated under General Municipal Law § 50-e and § 50-i, a notice of claim must be filed within 90 days of the event, and the lawsuit must be commenced within one year, and 90 days from the occurrence of the injury.

Parents of children who suffer birth injuries may have claims for their own damages, such as medical expenses incurred due to the injury, loss of income, and emotional distress. A different statute of limitations applies to parents seeking damages for their children’s birth injuries. Specifically, these claims are subject to the standard medical malpractice statute of limitations, which is two and a half years from the date of the malpractice under CPLR § 214-a. Unlike the child’s claim, the statute of limitations for the parents’ claims is not tolled by the child’s infancy. Therefore, it is crucial for parents to act promptly to protect their right to recover damages.

Damages recoverable in birth injury cases in New York include both economic and non-economic damages. Economic damages cover past and future medical expenses, rehabilitation costs, special education expenses, and any necessary modifications to the home or vehicle to accommodate the child’s needs. They also include compensation for the loss of future earning capacity if the injury impedes the child’s ability to work. Non-economic damages address the pain and suffering endured by the child, the emotional distress suffered by the parents, and the loss of enjoyment of life due to the injury. In cases of gross negligence or willful misconduct, punitive damages may also be awarded to punish the defendant and deter similar conduct in the future.

Given the complexity of birth injury cases and the strict deadlines imposed by New York law, it is essential for families impacted by birth injuries to seek legal counsel as soon as possible. An experienced attorney can help navigate the legal system, ensure that all procedural requirements are met, and work to secure the maximum possible compensation for the child’s injuries and the family’s losses.

Birth injuries often cause significant and permanent losses, and the providers who cause such harm should be held accountable. If your child suffered an injury at birth, it is important to understand the statute of limitations in birth injury cases, and you should meet with an attorney. The trusted Syracuse birth injury lawyers of DeFrancisco & Falgiatano Birth Injury Lawyers can evaluate your case and assist you in pursuing damages from anyone responsible for your child’s harm. We often represent people in birth injury lawsuits in Syracuse as well as in Rochester and throughout Upstate New York. To arrange a confidential and free consultation, you can reach us through our online form or by calling us at 833-200-2000.