What Is The Statute Of Limitations In A California Birth Injury Case?

Shock, grief, and heartbreak are just a few of the emotions that will hit you hard upon finding out that your infant was diagnosed with a birth injury. Your primary concern as a parent in the immediate aftermath is getting treatment, stabilizing your baby’s health, and determining a long-term care plan. However, there will certainly come a time when you focus on the past instead of the future. You probably have questions about the causes and underlying factors, eventually leading you to consider legal action. If years have passed since the birth injury, it is understandable that you may have concerns about the statute of limitations in California.

Every US state has a statute of limitations, which operate to bar you from recovering any compensation if you miss the deadline. There are multiple time restrictions for California personal injury matters, and it can be confusing to know what applies to your situation. Your Oakland birth injury attorney can provide details, but an overview of the statute of limitations may be helpful.

Three Factors for Birth Injuries Statute of Limitations

A birth injury is a type of medical malpractice action, but there are unique considerations involved with these cases. Therefore, the deadline may vary according to three factors: 

1. The basic statute of limitations for medical malpractice applies when the mother suffers injuries through negligent care during pregnancy, delivery, or aftercare. You have three years after the date of the injury or one year from discovering the harm, whichever occurs first.
2. When seeking compensation for birth injuries from a public health care organization, such as the Alameda Health System or hospitals in the University of California network, the statute of limitations is extremely short. You only have six months to take legal action after a birth injury.
3. If the injury to an infant did not occur at a public facility, you have until the child’s eighth birthday to sue. 

Additional Notes on California Birth Injury Claims

The statute of limitations is one of the most important laws in a claim based upon birth injuries, but there are other concepts that impact your case. Another timing consideration involves the legal requirements before you can file a lawsuit: You must provide formal notice to the physician, OB-GYN, or other health care provider that you intend to pursue litigation for birth injuries compensation. Your notice should include the basics of the claim, the injuries, and your losses, and it must be forwarded at least 90 days before suing.

In addition, there is a $250,000 statutory cap on noneconomic damages in California. You cannot obtain more than this amount for pain and suffering, emotional distress, and related losses.

Discuss Your Options with Our Oakland Birth Injury Lawyers

The statute of limitations may seem to give you plenty of time, but quick action is still essential for getting compensation promptly. For more information, please contact Venardi Zurada, LLP to speak with a skilled birth injury attorney. We can schedule a free consultation at our offices in Oakland or Walnut Creek, CA.

Resource:

leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?chapter=3.&part=2.&lawCode=CCP&title=2