Statute of Limitations for Late-Emerging Birth Injuries in Tennessee

By Thomas Greer | September 14, 2017

Statute of Limitations for Late-Emerging Birth Injuries in TennesseeAmidst the joys of pregnancy, every parent’s nightmare is the horror of tragic complications or injury during birth. Worse yet, some families leave the hospital or birth center believing all is well with their infant, only to learn later that a birth injury occurred when symptoms arise days or weeks later.

Tennessee families whose children suffer a birth injury do have legal recourse, even if they do not know of the injury at the time of birth. Many parents make the mistake of not seeking a lawsuit right away, either because they do not believe they have a case or because they are busy with all the demands of a new baby and the extra care necessitated by the injury. However, any delay in seeking recourse can potentially hinder your ability to obtain restitution for your child’s injuries.

Understanding the statute of limitations for birth injuries

In Tennessee, the statute of limitations for birth Injuries is one year. When the injury is discovered at the time of birth or soon thereafter, the claim must be filed one year after the injury occurred or sooner. For late-appearing birth injuries, families have until one year after the injury was discovered to file. As soon as your child is diagnosed with an illness or impairment resulting from a preventable birth injury, retain counsel from a qualified Memphis birth injury lawyer. You cannot bring a suit more than three years after the injury occurred.

The long-term implications of a birth injury are not always apparent. It is essential to pursue compensation for your child’s birth injury, as the cost of care and lifelong impairments can be substantial. You may recover damages for:

  • Specialized healthcare costs
  • Pain and emotional distress — including counseling for you or your loved ones
  • Equipment or training required to promote your child’s functioning related to the injury
  • Medical expenses from birth until the present, and possibly even coverage for future care

The Memphis birth injury attorneys at Bailey & Greer, PLLC provide compassionate representation for victims of birth injuries and their families in Jackson, Memphis, and throughout West Tennessee. Please call us at 901-680-9777 or fill out our contact form to schedule a consultation.

Posted in Birth Injuries