How Long After a Birth Injury Can You Sue?

Birth Injury Statute of Limitations in New York

In the state of New York, the birth injury statute of limitations is two (2) years and six (6) months from the date of injury. Since birth injuries occur during delivery, this means the statute of limitations will run out on the date your child turns two and a half years old, or 30 months. 

For a wrongful death case, the statute of limitations is two years from the date of death.

Do you live outside of New York state? 

Birth Injury Help Center has a helpful guide to the statute of limitations for medical malpractice in each state.

Are there exceptions to this statute of limitations for birth injuries? 

Are there instances of extended time on the statute of limitations for birth injuries in the state of New York? Yes, there are some exceptions to the statute of limitations for birth injuries, but these exceptions are somewhat uncommon. For example, if a birth injury occurred, but was not discovered until a much later date, you may have two and a half years from the date of discovery to file a claim, rather than from the date of the injury itself. 

This rule exists in most states and not just in New York, because it is known to the medical and legal communities that some birth injuries do not manifest for months, or even years after the injury. 

The doctor who delivered your child may not have known there was an injury at the time. Even worse, some doctors may deliberately withhold this information, which is a direct violation of medical ethics.

How a Birth Injury Lawyer Can Help You

It is crucial to contact an experienced birth injury lawyer as soon as you discover that something isn’t right with your baby or that you feel as if there is evidence of a severe birth injury to your baby. 

Pursuing a case like this can be very difficult, as the opposing party will likely argue that the statute of limitations has run out. A birth injury attorney can help you prove that your child’s injury was not discovered until a later date.

Even if your child’s birth injury was discovered immediately, it is difficult to pursue a case alone and by yourself. In fact, plaintiffs who obtain legal representation receive more compensation than those who file a claim alone. 

If your child suffered a birth injury, contact our experienced medical malpractice lawyers today by calling our Manhattan office or by filling out the contact form here on our website.

Merson Law’s team of birth injury attorneys can help you get financial compensation for your child’s injuries, which can help you pay for medical expenses, recover lost wages, and more.