Giving birth is a significant event in a parent’s life. Parents expect their baby to be born healthy and free from any complications or injuries. However, birth injuries can occur, leaving the baby with a permanent disability or impacting their quality of life.
If your child has suffered a birth injury, you may be wondering what legal options are available to you. In this article, we will discuss New Hampshire’s birth injury laws, what you need to know, and how an attorney can help.
Table of Contents
Understanding Birth Injuries
A birth injury can occur due to a variety of reasons, such as:
- Medical negligence
- Improper use of birth-assisting tools, such as forceps or vacuum extractors
- Delay in delivery or failure to perform a necessary emergency c-section
- Fetal distress
- Oxygen deprivation
Birth injuries can have lifelong consequences for the baby and their family, and can result in complications such as cerebral palsy, Erb’s palsy, or intellectual disabilities.
New Hampshire Birth Injury Laws
If your baby has suffered a birth injury, you may be able to pursue a legal claim for compensation. In New Hampshire, there is a statute of limitations on birth injury claims. This means that you have a limited amount of time to file a claim after the birth injury occurred.
In New Hampshire, you have three years from the date of the injury or the date that the injury was discovered, or should have been discovered, to file a medical malpractice claim. However, the case cannot be filed any later than six years after the date of the injury.
It is important to note that the statute of limitations can be complicated, and certain circumstances may extend or shorten the time that you have to file a claim. An experienced birth injury attorney can help guide you through the legal process and ensure that your claim is filed within the appropriate time frame.
Who Can Be Held Liable for Birth Injuries?
When a birth injury occurs, there may be multiple parties who are responsible for the injury. These parties can include:
- Doctors
- Nurses and midwives
- Hospitals or medical facilities
- Anesthesiologists
- Medical equipment manufacturers
Determining who is liable for the birth injury requires a thorough investigation by an experienced attorney. An attorney can review medical records, interview witnesses, and consult with medical experts to determine who is responsible for the injury.
What Compensation Can You Receive?
If your child has suffered a birth injury due to medical negligence, you may be able to recover compensation for the following:
- Medical expenses, including past and future medical care and treatment
- Lost wages for time taken off work to care for your child
- Pain and suffering, both for the child and the parents
- Emotional distress
- Loss of enjoyment of life
The compensation you can receive will depend on the specific circumstances of your case. An attorney can help you determine what damages you may be entitled to and can advocate for your rights to ensure that you receive fair compensation.
How Can an Attorney Help?
Navigating the legal landscape of birth injury claims can be complex and overwhelming for parents. An experienced attorney can guide you through the claims process, help you understand your legal options, and advocate for your rights to ensure that you receive the compensation you deserve.
An attorney can handle the legal aspects of your case, allowing you to focus on caring for your child and your family. An attorney can also help you gather evidence, prepare your case, and negotiate with insurance companies or other parties involved in your case.
Conclusion
If your child has suffered a birth injury, you may be entitled to compensation for the damages they have suffered. It is important to contact an experienced birth injury attorney as soon as possible to discuss your legal options.
In New Hampshire, the statute of limitations for birth injuries is three years from the date of the injury or discovery of the injury. If you believe that your child has suffered a birth injury due to medical negligence, don’t hesitate to reach out to an attorney for help.