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California Medical Malpractice Attorney

Compensation for Birth Injuries

Birth injuries are a regular occurrence, caused in the main by a lack of oxygen or blood flow to the baby before, during or after their birth. They can result in conditions or disorders such as mental retardation, brain injuries, many types of cerebral palsy, spinal cord injuries and others. A wrongful death can be the final consequence of a severe birth injury. Commonly, the effects of the injury are quickly apparent. In some cases, such as when your child displays delays in development, a parent may not be aware that trauma during labor or delivery is the cause of their child's injury.

The laws of our state provide for compensation to be awarded to a mother or child when birth injuries can be attributed to medical malpractice or negligence. At Bostwick & Peterson LLP, we feel it is important for parents to know that there is a statute of limitations, or time limit, on when legal action can be taken against those responsible for the injury. When the statute of limitations is exceeded, an otherwise valid claim will be disallowed by the courts and the opportunity for compensation will have dissipated. An experienced California birth injury lawyer from our firm can help to determine if you are still within the legal time limits to file a claim or lawsuit for compensation. It is vital, though, that you act quickly.

Statues of Limitations for Mother and Child

An adult has a year to take legal action from when they knew, or reasonably should have known of the injury that was caused. For a baby, the law gives until they are 8 years old for a lawsuit to be filed. There are specific exceptions to these general rules, as in the case of filing an action against a California county hospital or one that is part of a public health care district. The statute of limitations for these institutions can be considerably smaller than private hospitals.

Our 60 years of experience and over $500 million in compensation awarded to clients attests to our understanding of the law and how to apply it in the protection of client's rights. Legal actions must be taken in a timely manner, however, to be successful in your case.

To avoid the statute of limitations running out in your case, quickly contact a California birth injury attorney for assistance.

888.880.5063
One Embarcadero Center, Suite 500
San Francisco, CA 94111
(415) 275-3133
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