Birth Injury Statute of Limitations by State

If you’re considering a legal claim following a birth injury, it’s important to be aware that every state’s statute of limitations is individually set. These time limits dictate how long you have to take legal action after the child’s birth injury occurs or is discovered.

To make sure you’re able to get the compensation you’re entitled to after such a distressing incident, it’s essential to work with an experienced birth injury lawyer. Rosenfeld Injury Lawyers can help you ensure your claim is filed on time.

Understanding Statutes of Limitations

A statute of limitations is a legal timeline by which you must file a medical malpractice lawsuit for it to be considered valid. The relevance of these time limits can’t be overstated when dealing with birth injuries. They ensure that evidence remains fresh and that witnesses’ memories are reliable, contributing significantly to a fair outcome.

Adhering strictly to this time limit ensures your claim will be heard rather than dismissed on technicalities due to timing. For parents or guardians seeking justice for their child’s birth-related harm, familiarity with their state’s specific statute limits is indispensable.

Birth Injury Statute of Limitations by State

Regarding birth injury lawsuits, each state in the U.S. has the authority to establish its own statute of limitations. These time limits define how long after an injury is discovered that victims or their parents or guardians can bring a lawsuit forward.

Below is an overview of the statute of limitations for birth injury lawsuits by state.

State	Deadline	Discovery Rule	Exceptions	Code	Damage Caps
Alabama	2 years	The injured party has 6 months from the date they discovered, or should have reasonably discovered, the cause of action.	Minors: Statute of limitations is 4 years. Minors Under 4: Can file until their 8th birthday.	Alabama Code § 6-5-482	None
Alaska	2 years	The statute of lmitations won’t begin until the date you discover – or could reasonably have been expected to discover – that you were harmed from medical malpractice	Minor: Within 2 years and 1 day of their 18th birthday to file. Foreign Object: Statute of limitations is tolled until the foreign object is discovered.	AS § 09.10.070(a)(2)	$250,000 for non-economic damages and $400,000 in cases involving severe impairment (higher than 70%) and wrongful death.
Arizona	2 years	The statute of lmitations won’t begin until the date you discover – or could reasonably have been expected to discover – that you were harmed from medical malpractice	Minor: Within 2 years of their 18th birthday to file. Disability: Statute of limitations is tolled until the injured party is no longer legally disabled.	Arizona Revised Statutes § 12-542	None
Arkansas	2 years		Foreign Object: If a foreign object like a medical instrument or sponge is discovered in the body, deadling is 1 year from the date the object is or reasonably should have been discovered. Minors: Injured parties under 18 have 3 years from their 18th birthday. For injured parties under 9, the statute of limitations is paused until they turn 11 or begins within two years of the injury, whichever is later,	Arkansas Code § 16-114-203	None
California	1 year after discovery or 3 years after the date of the injury – whichever comes first	The statute of limitations is within 1 year of the discovery of the injury, but cannot be filed more than 3 years after it occurred.	Minor: If an injured party is under 6 years old, the parents have until either 3 years after the incident or until the child’s 8th birthday, whichever is later, to file a lawsuit. Foriegn Objects: For foreign objects left inside the body, lawsuits may be filed within 1 year of discovery. Fraud/Concealment: If medical malpratice is not discovered because of fraud or concealment, the statute of limitations is tolled during this time.	California Code of Civil Procedure § 340.5	Non-fatal injuries have a cap of $390,000, while cases involving wrongful death have a $550,000 cap. Each year the caps will increase annually by $40,000 for personal injuries and $50,000 for wrongful deaths until they reach $750,000 and $1 million by 2034, respectively, with future adjustments of two percent per year for inflation. Cases filed before January 1, 2023, remain subject to the previous $250,000 cap.
Colorado	2 years	The statute of limitations begins when you discover – or could reasonably have been expected to discover – that you were harmed by a medical error, but cannot be filed more than 3 years after the injury.	Minors Under 6yo: Children under 6 must file a claim before they turn 8. Foriegn Objects: For foreign objects left inside the body, statute of limitations doesn’t begin until date of discovery or when it should have reasonably been discovered Fraud/Concealment: If medical malpratice is not discovered because of fraud or concealment, the statute of limitations is tolled during this time.	Colorado Revised Statutes § 13-80-102.5	$300,000 for non-economic damages, increasing to $875,000 over the next 5 years.
Connecticut	2 years	The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 3 years after the injury.	Minor: Statute of limitations does not begin until the child turns 18. Foreign Object: If a surgical instrument or foreign object was left inside the body, the statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury.	Gen. Stat. of Connecticut § 52-584	None
Delaware	2 years	If the injury was unknown to and could not in the exercise of reasonable diligence have been discovered, the statute of limitations begins on the date of discovery, but cannot be filed more than 3 years after the date of the malpractice.	Minors Under 6yo: If a child under 6 years old suffers harm, a medical malpractice action can be filed within 2 years of the injury or by the child’s 6th birthday, whichever is longer. Foreign Object: If a foreign object was left inside the body, the statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury.	Title 18 Delaware Code § 6856	None
Florida	2 years	You must file within 2 years of when you discovered the injury or should have discovered it through due diligence, but your claim cannot be filed more than 4 years after the date of the malpractice.	Minor: Injured minors may file within 2 years of discovery up until their 8th birthday. Foreign Object: If a surgical instrument or foreign object was left inside the body, the statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury.	Florida Statutes § 95.11(4)(b)	Punitive damages are capped at 3 times the value of the compensatory damages (both economic and noneconomic) awarded to each claimant or $500,000.
Georgia	2 years	The statute of limitations begins when the injury was discovered or should have been discovered, but must be filed within 5 years of the malpractice.	Minors: Minors under the age of 5 must file within 2 years of their 5th birthday. Foreign Object: In cases where a foreign object was left inside the body, victims must file their claim within 1 year of discovery or when the object should have been discovered. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury.	Code of Georgia § 9-3-71	$250,000 cap on punitive damages.
Hawaii	2 years	The statute of limitations begins from the date the malpractice is disocvered or should have been discovered through reasonable diligence.	Minors: Minors have 6 years from the date of the wrongful act. For minors under 10yo, the claim must be filed within 6 years or by their 10th birthday, whichever is later.	Hawaii Revised Statutes § 657-7.3	$375,000 for non-economic damages in most cases.
Idaho	2 years		Minors: For those under 18, they have until they turn 18 or 6 years from when the cause of action arose, whichever comes first. Foreign Objects: For objects left inside the body and when the patient’s injury has been fraudulently and knowingly concealed, they have 1 year from the date of discovery or 2 years from the date of the injury, whichever is later. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations is 1 year from when the injured party discovers or should have reasonably discovered the injury.	Idaho Statutes § 5-219	$250,000 for non-economic damages in most cases.
Illinois	2 years	The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 4 years after the event.	Minors: Patients under 18 have up to 8 years from the date of the treatment to file a claim, but they must file before their 22nd birthday. Foreign Object: If a surgical instrument or foreign object was left inside the body, the statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations is 5 years from when the injured party discovers or should have reasonably discovered the injury.	Illinois Comp. Statutes § 5/13-212(a)	None
Indiana	2 years	If the discovery of malpractice occurs after the standard deadline, you generally have 2 years from the date of discovery to file, but if discovered shortly before the deadline, courts will only allow a “reasonable” time to file.	Minors: If the injured party was under 6 years old, a lawsuit can be filed at any time before the child’s 8 birthday. Foreign Object: In cases where a foreign object was left inside the body, victims must file their claim within 2 years of discovery or when the object should have been discovered. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury.	Indiana Code § 34-18-7-1	$1.8 million cap on total damages for injuries occurring after July 1, 2019.
Iowa	2 years	The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 6 years after the event.	Minors: If the injured party is under 8 years old, the lawsuit must be filed by their 10th birthday or within 2 years from the date of the injury, whichever is later. Foreign Object: When foreign object is left inside the patient’s body, the statute of limitations is tolled until discovery. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury.	Iowa Code section 614.1	$2 million in lawsuits against hospitals and $1 million in lawsuits against clinics and individual doctors for non-economic damages.
Kansas	2 years	The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 4 years after the event.	Minors: The statute of limitations begins when the minor turns 18. Foreign Object: When foreign object is left inside the patient’s body, the statute of limitations is tolled until discovery. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury.	Kansas Statutes section 60-513	$250,000 cap on non-economic damages for cases that occurred from July 1, 1988, to July 1, 2014, $300,000 from July 1, 2014, to July 1, 2018, $325,000 from July 1, 2018, to July 1, 2022, and $350,000 for actions accruing on or after July 1, 2022.
Kentucky	1 year	The statute of limitations begins when you discovered or should have discovered the medical malpractice.	Minors: Injured parties under 18 have 1 year from your 18th birthday or 1 year from the date of discovery, whichever is later.	Kentucky Revised Statutes section 413.140	None
Louisiana	1 year	The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 3 years after the event.	Foreign Object: When foreign object is left inside the patient’s body, the statute of limitations 1 year from the date of discovery. Fraud/Concealment: If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury.	Louisiana Revised Statutes section 9:5628	$500,000 total damages and the cost of future medical expenses.
Maine	3 years	For objects left inside the body, they 3 years from the date of discovery.	Minors: A medical malpractice lawsuit for a minor must be filed within 6 years of the malpractice or by the child’s 21st birthday, whichever comes first. Fraudulent Concealment: The statute of limitations may be extended if the defendant fraudulently concealed the malpractice, delaying the patient’s discovery of the wrongdoing. Legal Disability: The statute of limitations begins when the victim regains competency. Foreign Object: If the claim involves a foreign object left in a minor’s body, the statute of limitations begins once the object is discovered.	Maine Revised Statutes Title 24 section 2902	For wrongful death cases resulting from medical malpractice, there is a cap of $750,000 on non-economic damages and a $500,000 cap on punitive damages
Maryland	5 years	3 years after discovery (up to 5 years)	Minors: Statute of limitations begins when the victim turns 18. Fraudulent Concealment: The statute of limitations may be extended if the defendant fraudulently concealed the malpractice, delaying the patient’s discovery of the wrongdoing.	Maryland Cts & Jud. Proc. Code section 5-109	$890,000 as of 2024 cap on non-economic damages, which increases annually by $15,000
Massachusetts	3 years	The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 7 years after the event.	Foreign Objects: For foreign objects left inside the body, the statute of limitations is 3 years from the date of discovery. Minor Under 6yo: Minors under the age of 6 have until their 9th birthday to file. Fraudulent Concealment: Statute of limitations is tolled until the injured party discovers the injury. Disability: The statute of limitations is tolled until the defendant is no longer has a disability.	Massachusetts General Laws Ch. 260 section 4	$500,000 cap on non-economic damages unless there is disfigurement or permanent loss of bodily function
Michigan	2 years	The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 6 years after the event.	Minors: If the victim is a minor (under 18), they generally have until their 10th birthday to file a lawsuit. Fraudulent Concealment: In cases where the defendant fraudulently concealed the error or the malpractice caused permanent reproductive harm leading to infertility, the statute of limitations is the date of discovery and the 6-year deadline does not apply.	Michigan Comp. Laws section 600.5805	Non-economic damages are capped at $280,000, rising to $500,000 for serious injuries, which are adjusted annually; as of 2024, these caps are $569,000 and $1,016,500, respectively.
Minnesota	4 years	No discovery rule	Minor: When a minor is injured due to medical malpractice, the statute of limitations is suspended until the victim turns 18 or for a maximum of 7 years, whichever is shorter, and in no case can it be extended beyond 7 years or more than 1 year after the victim’s 18th birthday. Foreign Objects: The statute of limitations does not begin running until the dat of discovery.	Mississippi Code section 15-1-36(1)	None
Mississippi	2 years	The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 7 years after the event.	Foreign Objects: The statute of limitations does not begin running until the dat of discovery. Minors: A patient who was under 6 years old at the time of the incident can file a lawsuit within 2 years of their 6 birthday. Fraudulent Concealment: The statute of limitations does not begin running until the dat of discovery.	Mississippi Code section 15-1-36(1)	$1 million on non-econmic damages, no cap on economic damages.
Missouri	2 years		Minors: Minors have until their 20th birthday to file. Foreign Objects: For foreign objects left inside the body, the statute of limitations begins on the date of discovery or when the malpractice should have been discovered. Failure to Inform About Medical Tests: Where malpractice involves failing to inform the patient of medical test results, the statute of limitations begins on the date of discovery or when the malpractice should have been discovered. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury.	Missouri Revised Statutes section 516.105	As of 2024, non-economic damages are capped at $465,531 for non-catastrophic injuries and $$814,679 for catastrophic injuries.
Montana	3 years	The statute of limitations begins when you discovered or should have discovered the medical malpractice, but cannot be filed more than 5 years after the event.	Minors: For minors over the age of 4, the deadline is 5 years from the date of their injury; for minors under 4, the 5-year period begins on their 8th birthday. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury.	Montana Code section 27-2-205	Non-economic damages are capped at $250,000.
Nebraska	2 years	The statute of limitations is 1 year from when you discovered or should have discovered the medical malpractice, but cannot be filed more than 10 years after the event.	Minor: If the victim was under 21 when the incident occurred, the statute of limitations begins on their 21st birthday. Disability: Statute of limitations begins running once the disability is removed.	Nebraska Revised Statutes section 44-2828	Non-economic damages are capped at $1 million when an independent clinic is involved and $2 million when a hospital is involved.
Nevada	3 years	As of October 1, 2023, medical malpractice lawsuits for injuries and deaths must be filed within the earlier of 3 years from the injury date or 2 years from when the injury was discovered (or should have been discovered); for incidents before this date, the filing deadline is 3 years from the injury date or 1 year from discovery.	Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Minors With Brain Injuries: If a minor sustains a birth defect or brain damage from medical malpractice, a lawsuit can be filed up until the child is 10 years old.	Nevada Revised Statutes section 41A.097	$350,000 on non-economic damages. Starting January 01, 2024, this cap will rise by $80,000 per year for 5 years, reaching $750,000, and will then increase by 2.1% yearly starting January 01, 2029.
New Hampshire	3 years	The statute of limitations is 3 year from when you discovered or should have discovered the medical malpractice	Foreign Object in Body: If a foreign object remains undiscovered in a person’s body beyond the standard 2-year period, the statute of limitations extends to 2 years from when the object is found or when discovery was reasonably possible, whichever occurs first. Minor Under 8: If the injured party was under 8 years old at the time of the incident, they have until their 10th birthday to file a claim. Disability: The statute of limitations is paused if the patient has a legal disability and resumes once the disability ends. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury.	New Hampshire Revised Statutes section 507:C-4	None
New Jersey	2 years	The statute of limitations is 2 year from when you discovered or should have discovered the medical malpractice	Minor: Statute of limitations is 2 years from the date they turn 18, but claims for birth injuries must be filed by the time the child turns 13. Disability: The statute of limitations will begin once the injured party is no longer legally disabled.	New Jersey Statutes section 2A:14-2	Punitive damages capped at 5 times the compensatory damages or $350,000, whichever is greater.
New Mexico	3 years	No discovery rule	Minors: The statute of limitations is 1 year from the minor’s18th birthday. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Disability: The statute of limitations is 1 year from the date the legal disability is removed.	New Mexico Statutes section 41-5-13	As of 2024, $1 million cap on non-economic damages of for claims against an independent outpatient health care facility, $5 million for claims against a hospital or a hospital-controlled outpatient health care facility.
New York	2.5 years		Foreign Object: If a foreign object is left in your body during surgery, you have one year from the time you discover it or should have reasonably discovered it to file a malpractice lawsuit, whichever comes first. Failed Cancer Diagnosis: In cases where a health care provider fails to diagnose cancer, you must file a malpractice lawsuit within 30 months from when you knew or should have known about the negligence and its impact (but no more than 7 years after the negligence occurred), or from the date of your last treatment for the related health issue, whichever is later. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Minors: The statute of limitations doesn’t begin until the victim turns 18. Insane: The statute of limitations is paused if the patient is legally deemed insane and resumes once the psychiatric disability ends.	N.Y. Civil Practice Law and Rules section 214-a	None
North Carolina	3 years	If a medical injury isn’t immediately apparent and is only discovered two or more years after the error, the patient has one year from the date of discovery to file a lawsuit against the health care provider but no more than 4 years after the occurrence.	Minors: When a child is injured and the statute of limitations expires before they turn 10, the claim must be filed by the time the child turns 10. Foreign Object: The statute of limitations is 1 year from the date of discovery.	North Carolina General Statutes section 1-15	$656,730 damage cap on non-economic damages
North Dakota	2 years	The statute of limitations ibegins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 6 years after the malpractice.	Minors: May not be filed more than 12 years after the date of the injury. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury.	North Dakota Century Code section 28-01-18	$500,000 cap on non-economic damages.
Ohio	1 year	The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 4 years after the malpractice.	Minors: The statute of limitations does not begin to run until the minor turns 18. Foreign Object: 1 year from the date of discovery. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury.	Ohio Revised Code section 2305.113	Non-economic damages are capped at 3 times the economic damages or $250,000, whichever amount is higher, with a maximum of $350,000 per person and $500,000 total if multiple plaintiffs are involved in the case. Punitive damages cannot exceed twice the compensatory damages or, for small businesses and individuals, they are capped at either double the compensatory damages or 10% of the defendant’s net worth.
Oklahoma	2 years	The statute of limitations begins on the date you discovered or should have discovered the medical malpractice.	Minors: If the victim is over 12, legal action can be taken until the child’s 19th birthday; For children under 12, the deadline is 7 years from the date of the malpractice. Disability: The claim can be filed within by a guardian within 7 years of the injury, or by the injured party within 1 year of regaining competency. Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury.	Oklahoma Statutes section 76-18	None
Oregon	2 years	The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 5 years after the malpractice.	Minors: For injured parties, the statute of limitations is paused for up to 5 years or until 1 year after the child turns 18, whichever occurs first. Disability: If the injured party has a disability, the statute of limitations is paused for up to 5 years or until 1 year after they are no longer disabled, whichever occurs first. Fraud/Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Foreign Object: 1 year from the date of discovery but no more than 10 years.	Oregon Revised Statutes section 12.110	None
Pennsylvania	2 years	The statute of limitations begins on the date you discovered or should have discovered the medical malpractice.	Minors: The statute of limitations does not run until the minor turns 18.	Penn. Cons. Statutes Title 42 section 5524	Punitive damages are capped at 200% of the compensatory damages awarded
Rhode Island	3 years	The statute of limitations begins on the date you discovered or should have discovered the medical malpractice.	Minors: The statute of limitations begins when the injured party turns 18.	Rhode Island Statutes section 9-1-14.1	None
South Carolina	3 years	The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 6 years after the malpractice.	Minors: Statute of limitations begins on the date of the minor’s 18th birthday. Fraud/Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury, but only up to 6 years from the incident. Foreign Object: 2 years from date of discovery.	South Carolina Code section 15-3-545	Non-economic damages are capped at $350,000 per claimant, totaling no more than $1,050,000 for all defendants, and these amounts are adjusted for inflation annually; as of February 2023, these caps are $564,168 and $1,692,503 respectively, $699,761 cap on punitive damages.
South Dakota	2 years	None	Minors: 1 year from the date they turn 18. Mental Illness: The statute of limitations is tolled until the disability is removed and must be filed withinin one year. However, it can only be tolled for up to 5 years. Fraud/Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Continuing Treatment: The statute of limitations does not begin to run when there is continuing treatment.	South Dakota Codified Laws section 15-2-14.1	$500,000 cap on non-economic damages
Tennessee	1 year	The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 3 years after the malpractice.	Minors: Minors have up to 3 years to file a claim. Fraud/Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury and must be filed within 1 year of discovery. Foreign Object: Within 1 year of discovery.	Tennessee Code section 29-26-116	$750,000 cap on non-economic damages or $1 million in cases of catastrophic injuries.
Texas	2 years	The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 10 years after the malpractice.	Minors: A minor who is injured before they reach the age of 12 has until age 14 to file a claim. For minors 12 and older, the standard statute of limitations applies. Fraud/Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Foreign Object: Statute of limitations is tolled until discovery.	Texas Civil Practice and Rem. Code section 74.251	Non-economic damages are capped at $250,000 against each healthcare provider and $250,000 per healthcare facility, with a maximum of $500,000. Punitive damages are capped at the greater of 2x economic damages plus non-economic damages found by the jury (not to exceed $750,000) or, $200,000
Utah	2 years	The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 4 years after the malpractice.	Foreign Object: Statute of limitations is 1 year from date of discovery or when it should have been discovered. Fraud/Concealment: The statute of limitations is 1 year from the date of discovery or when it should have been discovered.	Utah Code section 78B-3-404	Non-economic damages are capped at $450,000.
Vermont	3 years	The statute of limitations is 3 years from the incident or 2 years from the date of discovery, whichever is later.	Minor: Statute of limitations begins when the minor turns 18. Foreign Object: Statute of limitations is 2 years from date of discovery. Fraud/Concealment: The statute of limitations is tolled for the time the doctor conceals the injury/cause of injury. Psychiatric Disability: Statute of limitations begins when the disability is removed. Imprisoned When Action Accrues: Statute of limitations begins when the injured party is no longer in prison.	12 Vermont Statutes section 521	None
Virginia	2 years	None	Minors: The statute of limitations is 2 years from the date of the injury or by the child’s 10th birthday, whichever is longer. Foreign Objects: 1 year from the date the injury is discovered or, by the exercise of due diligence, reasonably should have been discovered. Fraud/Concealment: In situations where fraud, concealment or intentional misrepresentation prevented discovery of the injury, statute of limitations is 1 year from date of discovery.	Code of Virginia section 8.01-243	Total damages are capped at $2 million, increasing annually by $50,000 (until 2031, where it tops out at $3 million); as of July 1, 2023, the cap stands at $2,600,000.
Washington	3 years	The statute of limitations is 1 year from the date of discovery.	Minors: Statute of limitations begins when the minor turns 18. Disability: The statute of limitations is tolled until the disability is lifted.	Rev. Code of Washington section 4.16.350	None
Washington, D.C.	3 years	The statute of limitations begins on the date of discovery or when the injury/malpractice should have been discovered.	Minors: Statute of limitations begins when the minor turns 18. Disability: The statute of limitations is tolled until the disability is lifted. Imprisoned When Action Accrues: Statute of limitations begins when the injured party is no longer in prison. Foreign Object: Statute of limitations begins when the patient becomes aware or should become aware.	D.C. Code section 12-301	None
West Virginia	2 years	The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 10 years after the malpractice.	Minors: A lawsuit must be filed within 2 years of the injury or before the minor’s 12th birthday, whichever gives more time. Fraud/Concealment: Statute of limitations is 2 years from the date of discovery.	West Virginia Code section 55-7B-4	Non-economic damages are capped at $500,000 unless there is permanent and substantial physical deformity, loss of a limb or a bodily organ system, a permanent functional injury that prevents the individual from independently caring for themselves and performing life-sustaining activities, or death. The cap for punitive damages is set at 4 times the amount of compensatory damages awarded or $500,000, whichever is greater.
Wisconsin	3 years	The statute of limitations is 3 years or 1 year from the date of discovery, but no more than 5 years after the incident.	Minor: Minors have 3 years from the date of the malpractice or until the age of 10, whichever is later. Foreign Object: Statute of limitations is 1 year from when the patient becomes aware or should become aware. Fraud/Concealment: Statute of limitations is 1 year from the date of discovery.	Wisconsin Statutes section 893.55	$750,000 cap on non-economic damages
Wyoming	2 years	You have 2 years from the date you discovered your injury to file a medical malpractice lawsuit if the condition wasn’t reasonably discoverable within 2 years of treatment or despite reasonable diligence. There may be a 6-month extension to the deadline if the condition was discovered in the 2nd year of the original 2-year period.	Minors: Statute of limitations begins when the minor turns 18. Disability: Statute of limitations is 1 year from the date the disability is lifted.	Wyoming Statutes section 1-3-107	None

Exceptions to the Birth Injury Statute of Limitations

Understanding when the birth injury statute of limitations expires is crucial in these cases, as it can significantly influence the ability to pursue a claim. The statute of limitations varies by state, typically ranging from one to six years. However, specific circumstances can extend these time frames.

Discovery Rule

In many jurisdictions, the time frame for filing suit begins upon the discovery of the child’s birth injury, rather than the actual date of birth.

This means that if a birth injury is not immediately apparent and is later identified, the birth injury statute of limitations does not start until the parent/guardian/child becomes aware of the injury and its potential link to medical negligence or malpractice.

This common exception, known as the discovery rule, is critical in ensuring that families have adequate time to assess the situation before initiating medical malpractice cases.

Minors and Their Rights

Additionally, specific provisions exist for minor children that can impact the birth injury statute of limitations. In many states, a minor may be able to bring separate claims for a birth injury once they reach the age of 18. This extension acknowledges that children may be unable to advocate for themselves or adequately understand their circumstances until they reach adulthood.

Even if the typical birth injury statute of limitations expires before the child reaches 18, they may still have the opportunity to file a claim after turning 18 because the statute of limitations will be essentially paused until they reach that age.

Filing a Birth Injury Medical Malpractice Claim

Filing a medical malpractice lawsuit related to a birth injury can be a daunting yet necessary process for families seeking financial resources for their child’s injuries. Understanding the stages of the lawsuit is essential to navigate the legal system effectively.

Investigation

The initial phase of a birth injury lawsuit involves a thorough investigation to gather evidence that supports the claim. This includes obtaining medical records, expert opinions from qualified medical professionals, and documentation that illustrates how the malpractice occurred.

An experienced birth injury attorney will analyze the evidence to establish a connection between the injuries and medical negligence. This early groundwork is crucial, as it helps to substantiate the claim before moving forward.

Discovery Phase

Following the investigation, the lawsuit enters the discovery phase. This stage allows both parties to exchange relevant information and gather further evidence. During discovery, depositions may be taken, where witnesses and medical professionals provide testimony about the circumstances surrounding the child’s birth injury.

Negotiation

At this point, the parties typically enter into negotiations to attempt to reach a settlement before proceeding to trial. The goal during this stage is to agree on a compensation amount that adequately reflects the damages incurred due to the birth injury.

This can involve discussions regarding medical bills, ongoing care, emotional distress, and other losses attributable to the injury.

Families need to work with a skilled law firm during negotiations. Attorneys knowledgeable about birth injury and medical malpractice claims can advocate for their clients’ rights and ensure they receive a fair offer.

Trial

If the case cannot be settled outside of court, it will proceed to trial. Here, both sides present their arguments, evidence, and witness testimonies to a judge or jury. The trial’s outcome will ultimately determine if the family receives compensation for medical expenses and other damages associated with the injury, including wrongful death, if applicable.

It is essential to have a qualified birth injury lawyer to effectively navigate these proceedings and advocate for the child’s best interests throughout the lawsuit.

Compensation Awarded in Birth Injury Cases

Compensation awarded in birth injury medical malpractice cases serves as a financial remedy for the damages incurred by the family due to the wrongful actions leading to the child’s injury. It is crucial to understand the different types of compensation available and the relevant birth injury statute of limitations that could affect the filing of a claim.

Compensation may cover various aspects related to the birth injury, including:

• Medical Expenses: This includes past and future medical costs associated with treatment, therapy, and ongoing care for birth injuries such as birth asphyxia or oxygen deprivation.
• Pain and Suffering: Compensation for pain and suffering is intended to address the physical trauma experienced by both the child and their family.
• Emotional Distress: Families may seek compensation for the psychological impact of the child’s injury, which can be profound and long-lasting.
• Loss of Future Earnings: If the child suffered severe birth injuries that will impede their ability to work in the future, compensation may reflect this potential loss.

The Role of an Experienced Attorney

An experienced attorney plays a pivotal role in determining the value of a birth injury claim and pursuing maximum compensation. Their expertise encompasses several critical areas:

• Case Evaluation: The attorney will conduct a thorough evaluation of the case, examining medical records, accident reports, and other relevant documentation to establish the extent of the injuries and their impact on the family’s life.
• Determination of Liability: Identifying the parties responsible for the birth injury is essential. An attorney will investigate the circumstances surrounding the incident to establish fault and ensure the right parties are held accountable.
• Calculating Damages: Attorneys utilize their knowledge of compensation types and applicable laws to calculate the full extent of damages. This includes quantifiable medical costs as well as non-economic damages like pain and suffering.
• Negotiation Skills: Skilled attorneys will advocate for their clients during negotiations with insurance companies and opposing parties, aiming to secure a fair settlement that reflects the true value of the claim.
• Trial Readiness: In cases where a settlement cannot be reached, an experienced attorney will prepare the case for trial, bringing their knowledge of court procedures and strategies to effectively represent the family before a judge and jury.

Utilizing the expertise of an attorney can significantly impact the outcome of a birth injury claim, ensuring that families receive the compensation they deserve for their hardships.

Hiring an Experienced Birth Injury Lawyer

The moment you suspect your child suffered a birth injury, consulting with an attorney experienced in handling birth injury cases is an important step. They play a vital role in helping you understand the birth injury statute of limitations that applies to your case within your state. This understanding ensures you do not miss the window for seeking fair compensation.

A qualified attorney brings numerous other benefits; they know how to piece together a compelling case by collecting essential evidence and expert testimony. They are skilled at valuing your claim by considering all the costs associated with the injury, both current and future.

Your peace of mind is also a top priority; navigating these claims can be complex and emotionally taxing. A skilled birth injury lawyer will take on this burden so you can focus on caring for your child.

Above everything else, an attorney ensures that throughout every step—from gathering evidence to effectively negotiating with opposing parties—your family’s rights are protected.

Your Next Steps

Understanding the birth injury statute of limitations is crucial for families seeking justice and compensation. This legal time frame defines how long a family has to file a claim following a birth injury, and missing this time limit can result in the loss of the right to seek damages. Taking action in a timely manner is vital to ensure that all legal options remain available.

Consulting with an experienced birth injury attorney will help your family navigate the lawsuit process and give you the best chance at getting the justice and compensation you truly deserve. Rosenfeld Injury Lawyers is here to ensure you fully understand your rights and the necessary steps within the birth injury statute of limitations.

Speak with a medical malpractice attorney by calling (888) 424-5757 or complete our online contact form.

Specific Cases We Handle

• Chicago Cerebral Palsy
• Cerebral Palsy Statute of Limitations by State
• Chicago Forceps Delivery Injury
• Chicago HELLP Syndrome
• Placental Abruption

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.