If your infant is injured during the birthing process or immediately before or after delivery, the news is devastating. Approximately one in 323 children are identified with motor and developmental disabilities associated with a diagnosis of cerebral palsy (CP) according to the CDC. Medical malpractice lawsuits, insurance company hurdles, and the complexities of litigation might not be your highest priority. However, parents of an infant who experiences a birth injury must be prepared for enormous medical expenses and supportive care throughout their child’s lifetime. In this blog, our medical malpractice attorneys discuss a lawsuit illustrating the unique complexities associated with the statute of limitations and attorney-client privilege in the context of a birth injury claim.
The plaintiff was a mother who gave birth to a daughter on July 16, 2005. The mother was informed that her daughter was diagnosed with cerebral palsy by a neurologist in early 2007. The plaintiff filed a motion to extend the statute of limitations for pursuing a medical malpractice claim against the physicians, clinics, and hospitals. The plaintiff filed a notice of intent to commence litigation of the medical malpractice claim in November 2013. Continue reading →