ChildRC: Birth Injury Resource Center

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When Can I take Legal Action

When to Take Legal Action in A Birth Injury Lawsuit

The healthcare provider(s), or others who may have caused your child’s birth injury, are not liable forever. Birth Injury lawsuits have a statute of limitation on them meaning that after a certain amount of time you can no longer file a birth injury claim, whether a healthcare provider(s) was responsible for the birth injury or not. This time period varies drastically on a state-by-state basis. If the lawsuit is not filed within this time period, then you will likely be prohibited from filing it. For this reason, you should evaluate your legal options as soon as you learn that your child has a birth injury such as cerebral palsy, Erb’s palsy, PPHN or other type of disability.

Learn more about taking legal action on behalf of your special needs child.

Find out what the statute of limitations is in your area, fill out this form or call one of our nurse case managers at 800-706-5250.