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The Law & You

Birth Trauma Caused My 10-Year-Old’s Cerebral Palsy. Is It Too Late to Sue?

The Law & You
May 24, 2018

The Law and You

Birth Trauma Caused My 10-Year-Old’s Cerebral Palsy. Is It Too Late to Sue?

A viewer is concerned that it’s too late to sue after her daughter’s cerebral palsy is linked to birth trauma. Can she still file a birth injury claim? Birth injury lawyers Greg Fellerman and Ed Ciarimboli explain the statue of limitations on birth injuries.

Dave Kuharchik: We’ve got an issue surrounding a potential birth trauma on this edition of “The Law & You.” Always good to see attorneys Greg Fellerman and Ed Ciarimboli. Guys, welcome.

Greg Fellerman: Nice to be seen.

Ed Ciarimboli: Is there ever going to be hot weather?

Dave: This year, eventually. We’re going to have a little bit.

Ed: I’m okay with the cool. But the rain.

Dave: Yeah, the rain’s been tough. Hard to get yard work done, do anything. But we’ll answer the legal question tonight, we got that much covered. “My daughter is 10 years old,” says Mary from Hazleton, “and has cerebral palsy. Her new doctors are saying it is from birth trauma. Is it too late to sue the doctors?” What can Mary do?

Ed: Mary, it is not too late to sue the doctors on behalf of your daughter. Any case that you might have as a result of what you went through, you would be outside the statute of limitations. But, your daughter would have until she’s 18 plus two years from her 18th birthday. We’ve handled a ton of these types of cases and if there was trauma during your pregnancy or your delivery, and as a result, there was lack of oxygen to your daughter’s brain which would result in cerebral palsy, then you can have a very good claim against the doctors and the healthcare professionals that were involved in the delivery.

Greg: But, as usual, you have to get the records.

Ed: Yes.

Greg: And sometimes they’re not easy to get, you’re 10 years out. But if you ever have this suspicion of something may have gone wrong when the birth of a child, make sure you get those records so you have them. Sometimes, they disappear, but that’s a big issue with these cases too. But get the records, get to an attorney, protect that statute of limitations we talk about that all the time.

Ed: Yeah, not only your records but there’s going to be two charts — one is going to be for you, and then one is going to be for your daughter. But you want to make sure that you have both of those because there will be very key information that’s contained in your chart that would be different than from the information contained in your daughter’s chart.

Dave: All right, if you need legal help or advice, you can reach out to the team here. Results matter with attorneys Greg Fellerman and Ed Ciarimboli. See you next time, guys.

Greg and Ed: Thanks, Dave.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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