Medical malpractice

According to news reports, Piedmont Medical Center in Rock Hill, South Carolina assigned a nurse trainee to monitor Robin Wilson, an expectant mother who was admitted to the Center to induce labor in 2003. The trainee was supposed to monitor the unborn child’s fetal heart monitoring information. However, she misread that information and hospital staff did not react quickly enough to the child’s need for emergency medical care from a lack of oxygen to the brain. As a result, the child – a girl named Sierra – was born with cerebral palsy. She died from complications four years later and her family sued the Center for medical malpractice. A jury awarded them $4.4 million – exactly one year from the date of Sierra’s death.

Birth injuries more common than you might think

The occurrence of children born with birth injuries is more common than you might think. In fact, according to the United Cerebral Palsy Research and Education Foundation, 2 out of every 1,000 births results in a child having the condition – for which there is no cure. While estimates differ on the total number of children born in the United States each year, the number seems to be around four million. That means approximately 8,000 children are born with some form of cerebral palsy each year – many of which may have been caused due to hospital negligence.

Filing a birth injury claim

Birth injury claims can be filed on behalf of the child if that child is alive, by one or both of the parents or by the child’s guardian. Each state has different time limitations, or statute of limitations, for when claims must be filed – which means that you cannot bring a claim once that time passes.

For example, California has a one year statute of limitation on adults in which to file a claim. That limit generally begins tolling from the date the adult knew, or should have known, about the injury or damage. However, California and other states provide a longer time limit, up to eight years in some cases, for claims to be filed on behalf of the child. An experienced birth injury attorney will be able to explain exactly how the law works in your state.

If you or your child has been injured due to the medical negligence or a hospital, medical center, doctor, nurse or any other medical provider, contact an experienced birth injury lawyer to discuss your situation and evaluate your options. Consultations are free, without obligation and are strictly confidential.