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Seeking compensation for cerebral palsy, other birth injuries: sooner is better than later, P.2

Last time, we began looking at the topic of cerebral palsy, which is a fairly common birth injury. As we noted last time, it is important for parents who believe their child may have suffered a birth injury to take steps early on to have their child medically evaluated and to determine their options with regard to seeking compensation.

For various reasons, parents may be hesitant to seek out legal assistance with regard to a child with developmental issues. Parents who have a concern about their child’s current and future development owe it to themselves, though, to seek out an experienced advocate. As we said before, the earlier this is done, the sooner parents can begin benefiting from the compensation they are awarded. Waiting too long delays these benefits and could mean that parents lose the ability to seek such compensation. 

Each state has different rules when it comes to deadlines to file a lawsuit. The deadlines, known as statutes of limitation, vary according to the type of case. In New York, the statute of limitation for medical malpractice is 2 ½ years from the date the negligence occurred or from the end of continuous treatment. To pursue litigation against a negligent physician, therefore, parents must act rather quickly.

Pursuing litigation against a hospital or other medical staff involved in a birth injury may involve different statutes of limitation, and it is important to consult an experienced attorney to ensure the opportunity to seek compensation in court is not lost. 

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