Who can file a birth injury lawsuit?
In Oregon, any person who has been injured by medical negligence related to pregnancy, childbirth, or postpartum care can file a birth injury lawsuit. This includes the baby, parents, or other legal guardians of the baby, such as grandparents or siblings. In Oregon, the most common type of birth injury lawsuit involves medical malpractice. This means that the lawsuit must prove that a medical professional failed to provide an acceptable standard of care. In other words, it must prove that the medical professional acted negligently in caring for the pregnant woman or newborn baby. Additionally, the lawsuit must show that the medical negligence was the cause of the injury. This means that the medical professional’s actions directly resulted in the harm suffered by the baby. In Oregon, the statute of limitations, or the amount of time a person has to file a birth injury lawsuit, is two years from the date of the injury or from the date the injury was discovered. In cases of medical malpractice, the two-year period will generally start from the date of the injury. However, if the injury was not discovered until after the two-year period has expired, the statute of limitations will start from the date of discovery. It is important to keep in mind that a birth injury lawsuit can be complex, and it is important to work closely with an experienced attorney who is familiar with the laws and regulations in Oregon. An attorney can help ensure that all legal deadlines are met and that the best possible case is presented.
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