Visitor Question

Pulled Nerve at Birth…

Submitted By: Rocio (Los Angeles, CA)

I gave birth to my daughter 5 years ago. As I was trying to push her out the doctor somehow pulled her arm and pulled or damaged the nerve. The medical personnel didn’t say anything to me but I noticed that her arm wasn’t functioning normally because she wasn’t moving it.

To make a long story short she still to this day cannot move her arm in certain ways. I’m wondering if I can sue the hospital for the damages they caused my daughter?

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 localĀ attorney.

Answer

Dear Rocio,

Regrettably the Statute of Limitations, or “time period” for filing a lawsuit against the hospital or doctors has long expired. In California, as in most states, the Statute of Limitations for personal injury cases is 2 years.

Although unlikely, there is a remote possibility when your daughters turns 18 she may be able to file suit against the hospital and doctors on her own behalf. To do so your daughter may have to collaterally attack you for being delinquent in failing to protect her best interests.

Inasmuch as you were her legal guardian (her biological mother) and failed to file suit on your daughter’s behalf within 2 years of the date of her injury, the court would have to find that you purposely, or recklessly failed to protect your daughter’s best interests by not pursuing a legal claim within the statute of limitations period.

Other than that you and your daughter are unfortunately out of luck at this time.

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: December 23, 2011

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