Every parent has dreams for their child – but those dreams can be absolutely shattered due to complications during labor or delivery that leave a child with a preventable birth injury.
In Iowa, parents need to understand their rights when a medical provider’s negligence leaves their child severely injured. Here is some essential guidance:
What are birth injuries?
Birth injuries are physical harm or complications that occur during labor or delivery. Some injuries are minor and heal with time, but others can have lifelong consequences.
Common Types of Birth Injuries:
- Cerebral palsy: Often caused by oxygen deprivation or trauma during birth, it can affect a child’s movement, posture, speech and motor skills for life
- Erb’s palsy (brachial plexus injuries): Damage to the nerves controlling the arm, which can limit mobility or cause weakness
- Fractures or broken bones: Often occurring during difficult deliveries, such as shoulder dystocia cases
- Brain injuries: Caused by prolonged lack of oxygen or improper use of delivery tools like forceps or vacuums
- Facial nerve injuries: May result from pressure during delivery, especially in cases involving forceps or vacuum suction
While some birth injuries are unavoidable, others result from mistakes made by medical professionals during pregnancy, labor or delivery. Birth injuries can occur through poor monitoring of the mother’s progress during labor and delivery, the failure to do a C-section when it is needed, failure to monitor the infant’s health during labor and medication errors, among other things.
What is the statute of limitations on a birth injury?
Every state has a statute of limitations that sets the maximum amount of time you have to initiate legal action after an event occurs. That means you have a limited window of opportunity to file a medical malpractice claim against the health care provider, hospital or other negligent providers who contributed to your child’s injuries.
While most medical malpractice claims have to be brought within two years from the date of injury (or the date in which the injury should have been recognized), the law provides some additional protection for children. Iowa Code § 614.1(9)(b) says that parents have until the child’s tenth birthday to bring an action on behalf of their minor child. While it’s generally not wise to wait that long, parents may not immediately have a clear idea of the full extent of harm that was done – and that may hold true until the child reaches certain developmental milestones.
Because birth injuries affect your entire family and the law is complex, it’s critical to reach out for legal guidance as soon as possible. You don’t have to go through this situation alone.