When can a birth injury claim be filed?
In Washington, a birth injury claim can be filed when a person believes that a medical professional caused an injury to a baby during the birthing process. The injury can be physical or psychological, or both, and must have been caused by a healthcare provider’s negligence. Birth injury claims are typically filed between one and six years from the time of the injury. This time period is known as the statute of limitations, and it can vary from state to state. It is important to note that the statute of limitations in Washington is typically shorter for birth injury claims than it is for other types of medical malpractice claims. Birth injury claims may also be filed after the birth of a child in cases where that child has a birth defect that was caused by their mother’s medical treatment during pregnancy. In these cases, the mother would need to prove that her medical provider’s negligence was directly responsible for the injury. In addition to filing a birth injury claim within the statute of limitations, it is also important to keep in mind that Washington is a no-fault state. This means that a person cannot pursue a birth injury claim if they were at fault for the injury in any way. Finally, if a birth injury claim is successful, the injured baby’s family may be awarded damages for medical expenses, lost wages, pain and suffering, and more. It is important to keep in mind that the court in Washington will award damages based on the facts of the case and the severity of the injury.
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