Birth injury law is a specialty in medical malpractice, so it’s important to seek an expert in the field. ABC Law Centers focuses solely on birth injury law and understand the intricate details involved in pursuing a suit. Our experts can help you understand the process and give you guidance on how best to seek justice for your family.
MS. PLASTIRAS: Well, the statute of limitations for mental retardation would be the same statute for the case. So, for example, when we pursue many of our cases many of our clients suffer from mental retardation or cognitive damage because of the brain damage that they have suffered from the birth injury.
MS. WALSH: Considering the law in this state, you have to file the notice and wait six months. When that six months is up, we would then file the lawsuit. Currently, while the case is in suit, it takes an additional 18 to 24 months to get through the discovery process, the settlement process, and ultimately to a trial if your case were to go to trial. Infants have until their tenth birthday to file suit but in Michigan you have to file a document or a letter called a Notice of Intent before you can file suit.
So really the statute of limitations in Michigan is when the child is nine and a half years old, but keep in mind that there is investigation that goes on before that that could take months. So don’t wait until the last minute or in all likelihood you’ll be–your case could get thrown out because the statute has run. In addition to that, if the mom is injured, she has a two-year statute of limitations to file any claims for her injuries.
Within medical malpractice, really birth injury is a subspecialty. There are some lawyers who dabble in it but it’s important if you want to get the best possible attorneys you can you make sure that they have experience handling birth injury cases, they know what the law is, they know what the medicine is because frequently birth injury cases are the type that judges and defense attorneys attack on whether or not the experts have the necessary qualifications to testify.
MS. PLASTIRAS: Some of our clients will come to us because they have failed to see their children develop appropriately. They receive information from the treating doctors that their child is developmentally delayed or has suffered certain types of injury. So then they feel that they may need to contact an attorney because they’re unsure about the situation.