Statute of Limitations: How Long Do I Have to File a Birth Injury Claim?

How much time you have to file a birth injury lawsuit depends on where you live

Thanks to modern medicine, pregnancy and childbirth are safer than ever before. Unfortunately, some children still sustain injuries during birth.

According to the National Healthcare Report, 8 out of 1,000 infants are born with a birth injury in the United States. When this happens due to negligence, you have the right to file a lawsuit and get compensated.

But like most legal matters, there is a limited window to sue. Learn more about the statute of limitations for birth injury cases in your state.

What is the statute of limitations?

Statute of limitations refers to a given timeframe within which you can file a lawsuit. These time restrictions apply to most lawsuits. A statute of limitations is put in place to ensure that legal matters are brought to court in a timely fashion and that a case is pursued while the physical evidence is still available and witness accounts are still fresh.

Usually, the clock starts ticking from the moment the negligence or malpractice is committed. While some injuries are discovered right away, others may take years to manifest. You may only realize your child suffered a birth injury later when they are school-aged.

Fortunately, many states recognize these extenuating circumstances and make exceptions. For instance, the statute of limitations for birth injury cases involving cerebral palsy is generally longer due to the discovery rule. This means the clock begins to countdown from the moment you learn of the injury, not when the injury occurred. Other common birth injury complications include infections, nerve damage, paralysis and death.

Statute of limitation by state

The birth injury statute of limitations varies from state to state. Some states give a longer period while others have a shorter window. The variations are due to different reasons. Generally, states with higher populations and higher medical malpractice cases have a shorter statute of limitations.

Although it’s your attorney’s job to know about your state’s statute of limitations, here is a breakdown of the laws in each state.*

Birth Injury Statute of Limitations By State

State	Deadline
Alabama	Two years from the injury or 6 months after discovery. No later than 4 years.
Alaska	Two years from the injury or discovery. Not valid after 10 years.
Arizona	Two years from the time of injury or date of discovery.
Arkansas	Two years from the date of injury or 3 years if the injury resulted in wrongful death.
California	Two years from the date of injury or 3 years if it led to death.
Colorado	Two years from the date of injury.
Connecticut	Three years from the date of injury or 2 years from the baby’s death.
Delaware	Maximum of 3 years, including discovery.
Florida	Two years from the date of injury and a maximum of 4 years for discovery.
Georgia	Two years after injury and a maximum of 5 years for the discovery.
Hawaii	Two years after injury and a maximum of 6 years for discovery.
Idaho	Two years from the date of injury or the baby’s death.
Illinois	Eight years from the injury. Not valid after 22nd birthday.
Indiana	Two years after injury or discovery. Claim invalid after 8 years.
Iowa	Two years from injury or discovery. Claim invalid after 10 years.
Kansas	Two years from the injury and a maximum of 4 years for discovery.
Kentucky	One year from the injury and 5 years for discovery.
Louisiana	One year from the injury and no more than 3 years for discovery.
Maine	Three years from the injury or before the 6th birthday.
Maryland	Five years from the injury and 3 years from the discovery. Claim invalid after the 11th birthday.
Massachusetts	Three years from the injury or discovery but before the 9th birthday.
Michigan	Two years of the injury or 6 months after discovery.
Minnesota	Four years from the injury.
Mississippi	Two years from the injury or discovery.
Missouri	Two years from the injury or discovery.
Montana	Three years from the injury or discovery but no later than 5 years.
Nebraska	Two years from the injury or 1 year from discovery.
Nevada	Three years from injury or discovery and 10 years for brain damage.
New Hampshire	Three years from injury or discovery.
New Jersey	Two years from injury or discovery.
New Mexico	Three years from the injury.
New York	Ten years after the discovery and 2 and a half years after turning 18.
North Carolina	Three years from injury or discovery.
North Dakota	Two years from injury or 3 years within the discovery.
Ohio	One year from injury.
Oklahoma	Seven years from injury.
Oregon	Two years from injury or discovery.
Pennsylvania	Two years from the discovery.
Rhode Island	Three years from injury or discovery.
South Carolina	Three years from injury or discovery.
South Dakota	Two years from injury or discovery.
Tennessee	One year from injury or discovery.
Texas	Two years from the injury or discovery.
Utah	Two years from injury or discovery.
Vermont	Three years from injury or 2 years from discovery.
Virginia	Two years from the injury.
Washington	Three years from injury or 1 year from discovery.
Washington, D.C.	Three years from injury or discovery.
West Virginia	Two years from the injury or discovery.
Wisconsin	Three years from the injury or 1 year from discovery.
Wyoming	Two years from the date of injury or discovery.

*It’s important to note that these figures are subject to change. Contact birth injury attorney Laura Brown for more information.

Can you sue a hospital for traumatic birth?

Yes, you can sue a hospital for a traumatic birth if the medical staff’s negligence or improper care led to injuries for the mother or baby. This can include instances where OB-GYNs, nurses, or other health care providers failed to meet the accepted standards of medical care during pregnancy, labor, or delivery.

Situations that may warrant a lawsuit include failure to monitor the baby’s vital signs, delayed response to fetal distress, improper use of delivery instruments, and medication errors.

To pursue a lawsuit, it must be shown that the hospital’s negligence directly caused the traumatic birth and resulting injuries. In such cases, negligence on a hospital’s part could result from instances such as:

Hospital staff negligence. If the negligence of nurses, midwives, anesthesiologists, or other hospital staff contributed to the birth injury, the hospital can be held liable. Hospitals are responsible for the actions of their employees under the legal doctrine of “vicarious liability.”
Failure to maintain equipment. If a birth injury occurred due to malfunctioning or poorly maintained medical equipment, the hospital could be held responsible for failing to ensure that its equipment was safe and functional.
Inadequate staffing. Hospitals are required to maintain adequate staffing levels to provide proper care. If understaffing led to substandard care and resulted in a birth injury, the hospital could be liable.
Improper policies and procedures. Hospitals must have appropriate policies and procedures in place to handle medical situations, including high-risk deliveries. If inadequate protocols contributed to the birth injury, the hospital may be held responsible.
Credentialing and training. Hospitals are responsible for ensuring that their medical staff is properly credentialed and trained. If a birth injury occurred because a hospital allowed an unqualified or inadequately trained individual to provide care, the hospital could be held liable.

While doctors can be individually sued for malpractice, it is important to investigate whether the hospital’s policies, staffing, or equipment also played a role in the injury. Consulting with an experienced birth injury attorney can help determine all the responsible parties and the best course of action for your case.

Get help from an experienced birth injury lawyer

The importance of filing your lawsuit promptly cannot be overstated. While it might be tempting to wait until you know more, the window for filing a malpractice lawsuit might be closing. You should consult with an experienced birth injury lawyer as soon as you get a diagnosis. The sooner you file your lawsuit, the easier it will be to prove your birth injury case.

Don’t wait until it’s too late.

At Brown Trial Firm, we will fight for you and for your family to ensure that you are fairly compensated for preventable losses. If you suspect your child’s birth injury was caused by a preventable medical mistake, please contact our birth injury attorneys. Consultations are completely free and there is no obligation.

Our birth injury attorneys represent clients in all types of cases including:

Brain Damage and Birth Injuries

Nerve and Spinal Cord Birth Injuries

Bone Birth Injuries

Birth Injuries from Medications or Procedures

Procedures

Medications

Rehabilitation Therapies

Baby Health

Labor and Delivery Complications

Birth injuries from failure to diagnose or provide appropriate treatment

Pregnancy Complications

Delivery complications

Traumatic Birth Injury Attorneys & the Law

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