How long do I have to file a lawsuit if I believe my child’s disorder was caused by medical incompetence during my delivery in Virginia?

No one knows worry and the stress of waiting as much as a pregnant woman. As soon as you find out you’re pregnant, you’re constantly anticipating the next doctor’s visit to make sure everything is okay—as well as counting down the days until you hit that 40 weeks.

However, if something goes wrong with your delivery, causing unexpected harm or injury to you or to your baby, you shouldn’t have to wait and wonder whether it was caused by medical malpractice or incompetence during your delivery. That is why, if you live in Fairfax or any nearby communities, the Northern Virginia birth injury lawyers of Shevlin Smith are ready to investigate your case and provide immediate legal aid.

Not all complications or problems during delivery result from improper care by your physician. However, there are occasions when misdiagnoses, second-guessing, or impatience result in a rushed and chaotic delivery. Haste and errors in turn increase the risk of fetal distress and oxygen deprivation, a condition called #hypoxia. Hypoxia alone can lead to mental disorders, motor skill deficits, cerebral palsy, and even breathing problems for your child as he grows.

Some of these disorders may not show symptoms immediately, which is why Virginia has a statute of limitations law to provide families enough time to determine whether medical malpractice was a factor in their child’s injury. Under the statute of limitations:

  • Emotional distress claims can be filed up to two years after the birth.
  • Parents have five years to file for medical reimbursement and treatment.
  • The child has ten years to file for reimbursement.

There is no time to lose. Even a ten-year time limit can slip by very quickly, and if you miss the deadline there is no basis to demand compensation. If you live near Fairfax, Virginia, and believe your child was affected by medical negligence or malpractice during any aspect of your pregnancy, Shevlin Smith is here to provide help and resources to determine whether you have a case. Please call us at 703.591.0067 or fill in our online contact form to set up a free and confidential consultation about your baby’s future wellbeing.