What Is the Statute of Limitations for a Birth Injury Lawsuit in Maryland?

If your child was injured during or shortly after birth, then you may be entitled to compensation. Seeking the counsel of a medical practice attorney in Maryland can help you learn whether you can file a claim. However, the claim must be filed within a specific amount of time.

What Is a Statute of Limitations?

In simple terms, a Statute of Limitations is a legally enforced time limit. If you have a legal claim you wish to file, then you must file it within the timeframe laid out by the relevant Statute of Limitations. Different types of cases have different Statutes of Limitations. The Statute of Limitations on different cases differs between states, too.

So, if the Statute of Limitations is three years for the case you’re dealing with, then you only have three years to file a claim. Once those three years have elapsed, you can take no legal action unless there are exceptions to the Statute of Limitations.

What Is the Statute of Limitations for a Birth Injury Lawsuit in Maryland?

Sometimes birth injuries are evident from the moment they happen or they’re discovered within the first 24 hours. In these cases, you have five years to file a claim for your child’s birth injury. However, if you don’t discover your child’s injury right away, then you have three years from the date of discovery to file a claim. However, the injury must have happened less than five years ago, meaning the child must be under five years old at the date of discovery.

However, there are some exceptions to this rule. Your attorney can help you understand them better, so check out this site to learn more about different types of birth injuries and get in contact with experienced birth injury attorneys. The basics of the exceptions are explained below.

Exception If a Child Is Under 11

If a child under 11 years old experiences medical malpractice, then the Statute of Limitations doesn’t apply to the child until they turn 11. As a birth injury can occur due to medical malpractice, the exception for children under 11 years old often applies to birth injury cases. So, if you discover your child’s birth injury after they turn five years old, then you may be able to file a claim as long as it’s filed before the child turns 14.

Exception If a Child Is Under 16

In particularly rare cases, you have up until your child’s 19th birthday to file a claim for a birth injury. This only applies if your newborn had an object left inside them during surgery, or if they sustained injuries to their reproductive system. If your newborn had a condition that required surgery immediately after the birth, and an object was left inside them during the surgery, then this extension of the Statute of Limitations may apply to your child.

The extension may also apply if your child was born intersex and a doctor performed a “corrective” surgical procedure on them without your consent or knowledge. This may count as damage to the child’s reproductive system. These cases are very rare, and you’ll need to speak to your attorney about the situation in depth.

The Statute of Limitations When the Injured Party Makes a Claim

Much of the time, the parents are the ones who file the birth injury claim on behalf of the child. However, the injured party may file a claim on their own behalf. However, minors legally can’t file a birth injury claim on their own. They must have a legal representative to file the claim for them, which is typically one of their parents.

So, if a parent doesn’t file a birth injury claim when the injured party is still a minor, then the injured party can file a claim on their own once they turn 18. The injured party has from their 18th birthday to their 21st birthday to file the claim.

When Both the Parents and the Child Can File a Claim

Even if the parents of a child who experienced a birth injury file a claim, the injured party may still grow up to file an additional claim. Parents may claim expenses that apply while the child is still under 18, such as medical expenses, special education expenses, and so on. The injured party, once 18, may be able to claim for their own future medical expenses, lost earning potential, and other forms of damages depending on the case.

If you wish to file a birth injury claim on behalf of your child, then you have three years from the time you discovered the injury. If you’re someone who was injured at birth, then you may file a claim yourself before your 21st birthday. Getting in touch with an experienced birth injury lawyer can help you understand the Statute of limitations and its exceptions in more detail.