Birth injuries are traumatic and unacceptable, especially when they occur because of a doctor or nurse’s negligence. When doctors fail to diagnose potentially dangerous conditions before birth, don’t take appropriate measures during delivery, or fail to act quickly enough when complications arise after delivery, they should be held accountable.
Mothers and families affected by birth injuries in Oklahoma can seek compensation for their damages by filing birth injury lawsuits. These lawsuits can target individual doctors and other healthcare providers, as well as hospitals and birth centers.
Mothers Have Just 2 Years to File Birth Injury/Medical Malpractice Lawsuits in Oklahoma for their Own Injuries
When mothers are harmed before, during, or after delivery by doctors’ negligence, they have only two calendar years from the date their injuries occurred to file lawsuits. That’s because pregnancy and birth-related injuries that occur to mothers are considered medical malpractice rather than “true” birth injuries in Oklahoma, and the statute of limitations for those claims is two years from the day they occurred.
Families Have 7 Years to File Birth Injury Claims for Their Babies
If a child is injured at birth, their parents or guardians have seven years from the date the injury occurred to file a birth injury lawsuit to collect damages for their child’s injuries. That means they can bring legal action against a doctor or hospital at any time until the child’s seventh birthday. If a child dies as a result of a birth injury, their family has two years from the date of their death to file a wrongful death claim.
The Statute of Limitations Only Starts When Injuries Are Discovered
Many birth injuries are obvious and often require treatment at the time they occur. But not all birth injuries are known by mothers and their healthcare providers right away. Some, especially brain injuries that can lead to developmental problems, like cerebral palsy, may take time to show up. In these cases, the statute of limitations doesn’t begin until the injuries are discovered. However, it’s still a good idea to always speak to a lawyer as soon as you suspect a birth injury so you don’t risk the clock running out.
Healthcare Providers Traveling/Living Outside of Oklahoma Can Extend the Statute of Limitations
When doctors, surgeons, midwives, and other parties whose negligence may have contributed to or caused a birth injury leave the state, the statute of limitations can be extended for the entire time that they’re out of state. This can be a common scenario when the at-fault party or parties have taken positions at new hospitals or clinics in other states or were simply traveling for a long period of time.
Don’t Wait to Get the Help You Need
Whether a doctor’s negligence harmed you, your baby, or both, it’s important to get an experienced Oklahoma birth injury lawyer on your side right away. The statute of limitations for injured mothers to get compensation is very short, as two years can pass in a blink when you’re dealing with injuries and complications after a birth.
And although families have seven years to file lawsuits on behalf of their children, waiting too long means going without compensation for years and risking a lawsuit where defendants are deceased or impossible to track down, evidence has disappeared, or records have been misplaced or destroyed.
We’re Ready to Get You Full Compensation for Your Birth Injury Claim
Medical malpractice claims are already very complex, and birth injury claims can be even more complicated. The statute of limitations is often confusing, especially with so many exceptions and differing timelines. At Parrish DeVaughn Injury Lawyers, our Oklahoma birth injury lawyers know the ins and outs of these types of claims, and we’ll work hard to get your family every penny you’re owed.
Don’t let a doctor’s or other healthcare provider’s negligence leave you paying out of pocket for a devastating injury to you or your child. Contact us today for a free consultation. We’ve won birth injury claims for many families in Oklahoma, and we want to help you win your claim, too.