QUESTION
How much time do I have to file a lawsuit if my son was delivered with the vacuum and suffered a subgaleal hemorrhage?
Asked on Oct 05th, 2012 on Personal Injury - Iowa
More details to this question:
My son suffered a subgaleal hemorrhage with vacuum extraction. The doc knew I was a carrier of hemophilia and there was a chance my son would be a hemophiliac, he was in ICU for a month after he was born.
10 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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What are your damages?
Answered on Jun 27th, 2013 at 12:06 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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The lawsuit for medical malpractice in New York has to be brought within 2.5 years from the date of the injury; if you do not file a lawsuit, your son will be able to sue the doctor after his 18th birthday. Your attorney will likely advise you to wait until just a couple of months before the statute of limitations will run because, if the hemorrhage will have any consequences for your son's health and development, they will change your goals in the case and the settlement you might be willing to accept. However, if the hospital where the delivery took place is a municipal hospital, the hospital's liability will be cut off unless your attorney files a notice of claim within 90 days of your son's birth.
Answered on Oct 09th, 2012 at 8:00 PM
Ronald A. Steinberg
You need a doctor of comparable credentials to testify that delivering your son in that fashion was "a deviation from the standard of practice in same or similar communities."
Answered on Oct 09th, 2012 at 8:24 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't have any opinion based on the small bit of information you gave. You must have a doctor review the entire medical chart and the entire medical history of this child and give you an opinion you cant make such a claim without a doctor on your side. And that may be a problem. Most doctors don't want to do this type work and they charge an arm and a leg for their services if you think you have a claim see a good personal injury lawyer in your county
Answered on Oct 09th, 2012 at 8:14 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Ordinarily you have one year to file a medical malpractice action and you first have to send a certified letter notifying the health care providers of your intent to sue prior to the expiration of one year. But for minors, suit is usually extended until their 19th birthday. If the hospital was a government/county facility, you need to file a tort claim first within 6 months of the claim arising. I recommend that you seek a free consultation with a medical malpractice attorney in your area.
Answered on Oct 08th, 2012 at 10:42 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In New York, the Statute of Limitations is 2 1/2 years.
Answered on Oct 08th, 2012 at 12:06 PM
Indiana has a two-year statute of limitation for most personal injury cases. However, that period may be tolled in certain instances.
Answered on Oct 08th, 2012 at 12:04 PM
Dennis P. Mikko
The statute of limitations on medical malpractice is two (2) years from the date of occurrence or last treatment date with doctor. Do not wait to consult an attorney if you think you might have a claim.
Answered on Oct 08th, 2012 at 12:03 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You have three years from the date of delivery, 2 years if you are sing a charity or government (which applies to some hospitals). If it has been longer than that, you might consult an attorney. If the Plaintiff is the child and it has been longer than the times set out above, consult an attorney, because the statute of limitation differs for children. The general SOL is one year after the child reaches age 18. However, there is a special statute of repose for Med male that may shorten that time.
Answered on Oct 08th, 2012 at 12:03 PM
What do you think the doctor did wrong? Isn't vacuum extraction a common practice; it is and I'm not sure why you now believe the doctor is at fault. But to answer your question it all depends on the state where you live and your son was hospitalized.
Answered on Oct 08th, 2012 at 12:02 PM