Fertility Law Group – Helping Families Understand Their Legal Rights After a Birth Injury
When a child suffers a birth injury, families often spend months or even years focusing on medical care, therapy, and adjusting to their new reality. Many parents don’t immediately realize that medical negligence may have played a role—and by the time they start asking questions, they may worry that it’s too late to file a lawsuit.
At Fertility Law Group, we help families understand the statute of limitations for birth injury claims and ensure they take action before time runs out. Every state has strict legal deadlines for filing a birth injury lawsuit, and missing those deadlines could mean losing your right to seek compensation for your child’s care.
What Is the Statute of Limitations for a Birth Injury Lawsuit?
The statute of limitations is the legal time limit for filing a birth injury lawsuit. It varies by state and depends on:
- Whether the lawsuit is being filed on behalf of the child or the parents.
- When the injury was discovered (some injuries aren’t diagnosed until years later).
- Whether the case is against a private hospital or a government-run medical facility.
Because these laws vary by state, it’s essential to consult with an attorney as soon as possible to avoid missing your deadline.
How Long Do Parents Have to File a Birth Injury Lawsuit?
In California, the general time limits for birth injury lawsuits are:
- For parents filing on behalf of a minor child: Until the child turns 8 years old if the injury occurred at birth.
- For parents filing their own medical malpractice claim (for damages such as emotional distress or lost wages): Three years from the date of injury OR one year from the date the injury was discovered, whichever comes first.
- If the case is against a government hospital or medical provider: A special claim must be filed within six months of the injury.
Other states have different statutes of limitations, ranging from two years to more than a decade, depending on when the injury is discovered.
**Note: this article is for information only and is not legal advice. Statute of limitations laws are subject to change. If you believe your child suffered an injury, please consult with a lawyer immediately to ensure that you protect your rights.**
What If a Birth Injury Is Not Diagnosed Until Years Later?
Many birth injuries—especially neurological conditions like cerebral palsy or developmental delays—are not immediately apparent at birth. Some children seem healthy as infants but begin missing developmental milestones as they grow.
Common late-diagnosed birth injuries include:
- Cerebral palsy – Often not diagnosed until 1-3 years of age.
- Hypoxic-ischemic encephalopathy (HIE) – Some effects, such as cognitive delays, may not become clear until school age.
- Learning disabilities and behavioral disorders – Some children only receive a diagnosis after struggling in school.
Because of this, some states have a “discovery rule”, which allows families to file a lawsuit after they realize the injury was caused by medical negligence.
However, not all states offer this protection, so it’s critical to speak with an attorney as soon as you suspect something is wrong.
Exceptions to the Statute of Limitations
In some cases, exceptions may extend the deadline for filing a birth injury lawsuit:
- If the hospital or doctor engaged in fraud or intentionally concealed malpractice, the statute of limitations may be extended.
- If the child is severely disabled, some states allow for longer filing periods.
- If new evidence is discovered, courts may allow an extension in rare cases.
Even if you think too much time has passed, it’s always best to consult a lawyer to see if any exceptions apply.
Why Filing a Birth Injury Lawsuit Sooner Is Better
Even if your child is still young and you have time before the statute of limitations expires, waiting too long to file a lawsuit can hurt your case. The sooner you take legal action, the better your chances of:
- Preserving crucial medical records – Over time, hospitals may lose or destroy records that could serve as critical evidence.
- Gathering witness testimony – Nurses and doctors may forget key details, making it harder to prove negligence.
- Securing financial compensation early – Many children with birth injuries require expensive therapy, medical treatments, and specialized education that families can’t afford without legal compensation.
How a Birth Injury Lawsuit Can Help Your Family
If your child’s birth injury was caused by medical negligence, a lawsuit can help cover:
- Medical expenses, including surgeries, therapy, and assistive devices.
- Special education and adaptive learning programs for children with cognitive or developmental delays.
- Home modifications to improve accessibility.
- Lost wages if a parent must leave work to care for their child.
- Future care costs, ensuring long-term financial security.
- Pain and suffering experienced by both the child and parents.
Hospitals and insurance companies may try to delay your claim in hopes that the statute of limitations expires. Don’t wait until it’s too late—the sooner you consult a birth injury attorney, the better your chances of securing the compensation your child needs.
How Fertility Law Group Can Help
At Fertility Law Group, we understand that many parents don’t immediately realize their child’s injury was caused by medical negligence. That’s why we provide:
- A thorough case evaluation to determine whether malpractice occurred.
- Consultations with top medical experts to assess the long-term impact of your child’s injury.
- Aggressive legal representation to fight for full and fair compensation.
If you suspect your child’s birth injury was caused by a medical mistake, it’s important to act quickly before your legal rights expire. Please contact us for a free, confidential consultation to learn more about your options.
