Have you recently discovered that your child is suffering from a disability or medical condition? Many conditions are acquired at birth but may have been misdiagnosed or the symptoms only started showing later in life. In cases like these, there is a chance that the condition was caused by the negligence of the attending medical staff during the prenatal, birth or postnatal stages.
Was the doctor responsible for the birth injury?
If your child’s condition could have been avoided, it may have been the result of insufficient or irresponsible care during birth. If you suspect that this happened to your child, or a medical consultation has confirmed its likelihood, you can claim against your birthing doctor or hospital for compensation. In most medical negligence and personal injury legal cases it is essential to make a claim as soon as possible, as the condition may lessen or change over time. However, a persistent condition that is only discovered years later is usually exempt from the standard 3-year rule. For children, you usually have until their 19th birthday. If they are mentally handicapped, there are no time restrictions for as long as the condition persists. At the very least, you will have a set time in which to take action from the date of the discovery or diagnosis of the condition. A lawyer will be able to offer more specific information on any time restrictions for your particular case.
What actions can you take?
Suddenly finding out about an unknown medical condition can be devastating. Your first concern should be to make the necessary preparations for any treatment and support for your child. Following that, you can talk to an attorney about making a claim against the person(s) responsible for causing it. Paul du Plessis Attorneys are leading attorneys in the medicolegal field and work with expert consultants to analyse medical claims thoroughly. Contact us for legal advice, assistance and support if you want to make a claim to compensate for a late discovery of a birth-related injury.