At what point does the personal injury statute of limitation for wrongful death come into play in New York? 7 Answers as of February 04, 2011Can I sue for the suffering this is still causing me? The doctor and nurse who attended me never told me that my child had a birth defect until after the birth, and I had no idea. What can I do? I gave birth prematurely in 1999, and my child was born with a birth defect.
LT Pepper Law | Luke T. Pepper
You would have to show that the birth defect to your child was caused by the negligence of your doctor. In terms of the statutes, most states allow a suit until the child reaches majority status (over 18). A claim based on your suffering is probably exhausted.
Answer Applies to: Pennsylvania
Barry Rabovsky & Associates | Barry Rabovsky
You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answer Applies to: Illinois
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Don't know NY statute of limitations. Most states have a 1, 2 or 3 year limitation. 11 years would probably not pass muster anywhere. Also if your child had a defect while a fetus and died as a result I am not sure you could claim a doctor was negligent because he did not tell you in advance. Doesn't sound like a case that would fly. Sorry .
Answer Applies to: North Carolina
Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
Generally, the Statute of Limitation starts to run upon the date of the alleged negligent act that caused the injury which may unfortunately later cause death. The second question involves a Medical malpractice claim.Those types of claims are difficult to prove but if you can establish same, than you would be able to sue for damages caused by same. The real issue is:you can establish negligence by the medical providers? As we know, with any medical procedure, there are many risks that can not be prevented. Medicine is not an exact science like mathematics or an auto accident and the court and juries recognize same. You should discuss these issues with the doctors and New York personal injury attorney.
Answer Applies to: Delaware