In 2013, a mother in Arkansas gave birth to her third child. The records kept by the nurses on duty state that they were aware that there were risk factors involved due to the mother’s gestational diabetes and the size of the child according to the most recent ultrasound. After a day in labor, the child was delivered with the use of a vacuum extractor and shoulder dystocia resolution maneuvers. The child suffered cardiac arrest and respiratory failure, along with other organ failure that left the child with permanent brain damage.
This type of birth injury may have been avoided, and in 2015, the mother filed a birth injury lawsuit against the healthcare center where the injury happened. In the state of Arkansas, there is no cap on the damages she could receive; the future care needs of the child will determine the number if the healthcare center is found guilty.
Statute of Limitations in Arkansas
For birth injury lawsuits in Arkansas, the statute of limitations is two years from the time of injury. There are a few exceptions to this rule. If a foreign object is left in a child’s body during surgery, the courts will accept a lawsuit up to a year after the discovery of the object, should it not be discovered after the two-year statute is up. In the event of a wrongful death lawsuit resulting from birth injuries, the lawsuit must be filed within three years of the date of death.
There have been cases in other states where the statute of limitations was successfully appealed. An Arkansas attorney that specializes in birth injury lawsuits may be able to help with a case that has passed the statute of limitations.
Investigating a Birth Injury Lawsuit
When you approach an attorney about a birth injury lawsuit, the first thing they will do is review the medical records you have pertaining to the birth. It’s a good idea to keep records regarding the entire pregnancy and any pediatric care that was given, even if it doesn’t relate to the injury sustained. This can help establish that the injury did in fact affect the child’s life unduly.
The attorney will also consult with medical experts on your behalf, to determine how much care will be needed in the future for the child’s injury, and what the prognosis could have been if proper healthcare had been administered. These items will be important in a lawsuit against a doctor, nurse, or medical care facility.
Types of Birth Injuries
There are many types of birth injuries that can result in a lawsuit in Arkansas. This includes cerebral palsy, which is brain damage that can be caused by a lack of proper oxygen during the delivery, or by an untreated infection after birth. Cerebral palsy can affect the ability to control muscles, the ability to see, hear, or speak, and can also result in underdeveloped critical thinking skills and other mental disabilities.
Other types of birth injuries that Arkansas attorneys have represented in lawsuits include facial paralysis, fractures, Erb’s palsy, and cephalohematoma.
There may be clear evidence that leads an attorney to sue only a single doctor or nurse, but more often the lawsuit is levied against the entire healthcare team or facility for their combined negligence or malpractice. In these cases, the healthcare facility may be the liable party, and may choose to settle outside of court proceedings. Your attorney will be able to determine from the evidence provided and results of any investigations who to bring before the Arkansas courts as the liable party.
Sources:
http://www.birthinjuryguide.org/birth-injury/financial-support/statute-limitations/
http://taylorkinglaw.com/personal-injury-lawyer-blogs/the-characteristics-of-birth-injury-lawsuits.html