what is the statute of limitations concerning medical negligence resulting in cerebral palsy to the newborn
2 Answers from Attorneys
In the State of Ohio, Medical Malpractice claims must be filed within one year of the date that the patient (or family member) knew, or should have discovered, the injury that was caused by the negligence. The statute of limitations for the parents or next of kin would be one year after the birth of the child. However, when the individual is underage, the statute of limitations does not start running for the minor child until his/her 18th birthday.
You should consult an attorney right away. These types of cases are difficult to assemble and file within the one year limitation period.
To build on what Mr. Ryan wrote, the victim has until his 19th birthday to file a lawsuit. If possible you should never wait that long since memories fade, records disappear and witnesses and doctors die. If you suspect you or a loved one might have a CP case you need to act immediately to preserve your rights. These are indeed tough cases and the sooner your lawyer can start working on your case the better chance you may have to prevail. My firm and I handle these cases so feel free to call me and check us out at www.lewm.com. Good luck.