When is the right time to file a birth injury lawsuit in Iowa?

Iowa City, IA – Birth injuries can severely affect a child’s development, and can cause permanent medical problems in some cases. The parents can take legal action against the doctors and hospital system responsible, but it can take months or even longer for the symptoms to appear. Regardless of the specific injury or how long it took to manifest, the parents should contact an injury attorney and attempt to file a lawsuit against the party responsible as soon as possible to avoid missing the statute of limitations.  

Injuries that are not discovered immediately

Some birth injury cases are difficult for parents because the injury may not be immediately apparent. Certain children will not show symptoms of the problems caused at birth for months or years. It is also unlikely that a doctor or anyone else involved in the delivery process will admit their mistakes and notify the parents. Some doctors may even leave to practice medicine in another state temporarily, which makes them more difficult to track down. 

While all of the issues are at work, there are also statutes of limitations that stop the parents’ ability to sue if a certain amount of time has passed. Some states have placed exceptions in the statute to make the time limit start only after the injury was discovered or could have reasonably been found, rather than the time the incident actually happened. 

In Iowa, the statute of limitations for birth injury cases is two years. This includes cases where the injuries turn out to be fatal. An attorney who focuses on this area of the law can provide more specific guidance based on the information given by the family during an initial consultation. 

Damages for birth injury victims

Like various other medical malpractice and personal injury lawsuits, victims of birth injuries can argue for any amount of compensation necessary to fix problems caused by the defendant. This normally includes additional medical treatment and care, special education or developmental programs, damage to the child’s ability to develop and function normally, and non-economic damages related to the family’s trauma, pain, and suffering. 

Damages are highly variable based on the specific injury that the child has to endure, and its effects on their quality of life. Amounts tend to increase with the severity of the injury and projected future losses. A settlement is the most likely conclusion to the case, as trials tend to be more time consuming and costly. 

Legal help after an injury

Eells and Tronvold Law Offices is a group of experienced attorneys who work on various issues related to injuries and accidents in Iowa. They are available to consult with anyone in the state who is considering a lawsuit. 

Firm contact info:

Eells and Tronvold Law Offices

1921 51st Street NE, Cedar Rapids, IA 52402-2400

319-393-1020

www.eellsandtronvold.com