My wife recently gave birth to our first child, a beautiful baby boy. The nurse or doctor, whoever was responsible, failed to clear his lungs properly and as a result my son was deprived of oxygen for some time. It is too early to tell if there will be any lasting damage due to this mistake. If there is, what are our options? Is there a limit on time to file a case of this sort?




Answer: (1)
There are different statutes of limitations, or time limits to file a lawsuit, for varying states and types of claims. The important thing to know is that, yes, there are deadlines and you need to consult an attorney as soon as possible to be certain you do not run out of time. Some states have 2 year, 4 year, or in some cases, 6 year statutes. You may have a claim for damages, depending on what exactly happened with your son. The question is whether the doctor or nurse acted in an appropriate manner and whether their actions were consistent with what any other doctor or nurse would have done under those circumstances. If it is clear that the doctor or nurse made a critical mistake, you could very likely re-coup your damages.
References:
Posted by Leather Martin on 21 Jan 2010