In this educational article I am going to discuss an issue for parents who are waiting to file a birth trauma case. This is an issue that needs more discussion because I recently spoke with someone who is dealing with this exact situation. It is my hope that at the conclusion of this article you will have more information to help in weighing your decisions. If you have any hint that something was done wrong by the doctors, nurses, or hospital, you need to pay close attention to these issues.
Remember, the decision to move forward or not move forward regarding a birth trauma case is ultimately up to you.
THE LAW CAN LIMIT THE TIME YOU HAVE… (WARNING #1)
Most states have what are called statutes of limitations. What this means is that you only have a certain amount of time in which you must bring a claim against a wrongdoer. The time frame can vary from state to state, as there are no “uniform” time frames on the statutes of limitations.
Another issue in this context is who has what claim? In many birth trauma cases, the parents might have certain claims and the baby may also have certain claims. The clock for starting the statute of limitations might start at a different time for the parents than for the child. This is important because the child might have essentially more time before their clock starts than the parents.
MEMORIES FADE OVER TIME (WARNING #2)
A key component in a birth trauma case is the facts. The facts, or what happened, are critical when trying to determine whether there was a departure from the standard of care, which caused the injury or the harm. Medical experts are used to make these determinations.
The thing is, as time goes on, critical facts can be lost to time, thus clouding the memory. For example, maybe a nurse or doctor mentioned a crucial fact, but because so much time has passed, and at the time this fact did not seem important, it was forgotten.
Add to it, as more time passes important fact witnesses might become unavailable for a number of reasons, including death.
WAITING TO FILE A BIRTH TRAUMA CASE
Hopefully now you can see why if you are waiting to file a birth trauma case, you should take these two warnings that we talked about earlier into consideration. As I have already said it is ultimately your decision as to whether you decide to move on a birth trauma case today, tomorrow, or not at all.
To speak with me further if you have questions you can reach me at 301-850-4832.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP