Visitor Question

Liability for newborn’s bleeding scalp?

Submitted By: Maria (Bronx, NY)

When my son was being delivered (vaginal) some sort of device (I think forceps or some sort of suction) was used to get him out. In the end, my son had some bleeding on his scalp which I brought to the nurses and doctor’s attention.

They told me it will eventually heal, which it did, but my son now has a dent on the top of his head.

Is this considered medical negligence? What can I do? My son was born 5/13/11 and is currently 3 years old, with speech and motor delays. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Maria,

The New York State Statute of Limitations (time period in which a victim of medical malpractice must either settle his or her claim or file a lawsuit) is 2 1/2 years from the date the medical malpractice occurred, or the time when it could be reasonably discovered.

N.Y. Laws C.P.L.R. § 214a. state as follows:

“A medical malpractice action must be brought within two and a half years from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place.

Foreign object cases may be brought within one year from the date upon which the foreign object is discovered. A claimant’s incompetency tolls the limitations until the disability ceases, but in medical malpractice cases this can only extend the limitations period a maximum of ten years.

N.Y. C.P.L.R. § 208. An action alleging wrongful death must be brought within two years from the date of death.”

Part of the above law states:

“A claimant’s incompetency tolls the limitations until the disability ceases, but in medical malpractice cases this can only extend the limitations period a maximum of ten years.”

What this means is, while you are barred from filing a lawsuit on behalf of your son, your son may be able to file a lawsuit when he turns 18. From the age of 18 he will have ten (10) years within which to settle his malpractice claim or file a lawsuit.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 28, 2014

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