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We just recently received a cerebral palsy diagnosis for our toddler. Is it too late to file a birth injury lawsuit?

It is probably not too late for you to pursue a legal claim. New York has a statute of limitations on medical malpractice lawsuits, which means there is a deadline for filing a lawsuit over a birth injury.

Most medical malpractice claims must be filed within 30 months of the date of the act resulting in the injury. However, the discovery rule permits some malpractice suits to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered.

Cerebral palsy is commonly diagnosed sometime after a child’s birth, such as when the child experiences delays in reaching motor skills milestones such as pushing up on arms, sitting up alone or crawling.

Birth injury lawsuits are complicated and can take a long time to develop. This and the statute of limitations are good reasons to contact a medical malpractice attorney experienced in New York as soon as you suspect your child has suffered a birth injury.

Posted in: Birth Injury FAQs