What Is An Example Of A Medical Malpractice Case With A Good Result That Has Stuck With You?

One medical malpractice case that went to trial involved a birth injury, which occurs when a baby is injured during the birthing process. I remember holding her when she was about two years old. She was essentially in a vegetative state because of the profound brain injury she suffered due to lack of oxygen. She had a condition in her brain called “storming”.

Is There A Cap On Medical Malpractice Settlements?

There’s no cap in Washington; it all comes down to the merits of the case.

Statute Of Limitations For Filing A Birth Injury Claim

In this article, you can discover:

The statute of limitations for filing a Birth Injury Claim in Washington State.
The types of compensation that can be sought in a Birth Injury Claim.
How to find an experienced attorney to handle a Birth Injury Claim.

What Is The Time Limit For Filing A Birth Injury Claim In Washington State?

The statute of limitations for filing a medical malpractice case in Washington State can be complicated. For most medical malpractice claims, the statute of limitations is 3 years. For parents filing a claim on for themselves and on behalf of their child, the statute of limitations runs from the date of the medical malpractice causing the child’s injury. Recent legal changes, however, have extended the time limit for the child's claim until they are 21 years old (18 plus 3 years).

Moreover, under the discovery rule, if it was impossible to discover medical malpractice using ordinary care, you have one year from the date of discovery to file a lawsuit. So, even if you discover malpractice five years out, you still have one year from the discovery date to file a claim.

There is also an additional provision that can extend the statute of limitations for a year if a good faith request for mediation is made. Therefore, depending on the circumstances, parents could have up to four years to file a claim, and even longer for the child.

What Compensation Can Be Sought Through A Birth Injury Claim?

In a birth injury claim, two types of losses can be compensated: economic and non-economic. Economic damages are those that can be quantified with receipts, like the cost of future and past medical care, loss of the child's future earning potential, and costs related to the child's disability care needs. These are usually calculated with the help of medical professionals and life care planners.

Non-economic damages, on the other hand, cover the human aspects of loss such as pain, suffering, loss of enjoyment of life for the parents, damage to the parent-child relationship, and all other losses that a human being would suffer due to a disability caused by the doctor's mistake.

Can A Birth Injury Claim Be Pursued Against Both Doctors and Hospitals?

Yes, both doctors and hospitals can be pursued in a birth injury claim.

Can A Birth Injury Claim Be Pursued If the Child's Condition Is Not Immediately Apparent?

Yes, a birth injury claim can still be pursued even if the child's condition is not immediately apparent, as long as it's within the statute of limitations. Some birth injuries might not be evident until later developmental stages when the child fails to progress normally.

How Can I Find An Experienced Attorney To Handle My Birth Injury Claim?

Not all medical malpractice lawyers handle birth injury claims, as they are considered a subspecialty. Therefore, it is vital to find a lawyer who has specific experience with these types of cases. Regardless of the size of the law firm, ensure to interview the lawyer about their specific experience with handling birth injury claims.

For more information on the Statute of Limitations For Filing A Birth Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (206) 900-9342 today.

Call for A Free Consultation