Legal Question in Medical Malpractice in West Virginia

Re: Maternity

Injuries to a child during birth are often very devastating. There are some babies who are born with genetic problems that leave them disabled and some who die before they are born with no apparent reason, It sounds as though there is information available that leads your family to believe that in this case, the injury was a result of an error.

In order to answer your question I need some additional information. I will give you some basic information about medical malpractice cases and then you can call me if you want to discuss this further.

First, a medical malpractice case must be commenced (a lawsuit filed) within one year of the error or within one year of the time that the patient became aware of the error.

Second, If the patient is a minor at the time of the error, the patient has one year from his or her 18th birthday to commence the action.

If the medical error results in death, the family of the patient has two years from the date of death to commence a wrongful death action.

These time limits are firm and there is very little chance that a case will be able to go forward if you are outside of these time limits. There are some exceptions and each case should be carefully evaluated to see if it falls into any of the exceptions.

I Can not tell from your question if your sibling died at or shortly after birth or if he lived for a number of years and died more recently. That would make a difference.

This information is accurate but without more information I have no way of knowing how it may apply to your situation. You will need to talk directly to an attorney and provide additional information in order to get an accurate answer.

I have been representing seriously injured people and their families for over 33 years. I will be happy to talk to you if you would like to call. No charge or obligation for the confidential call.

My regards to you and your family.

DHD