Super Lawyers Q&A with Peter M. Villari

What is a birth injury?
In the simplest terms, birth injury is when injury to an infant occurs out or around the time of birth.

Are all birth injuries apparent at birth?
No, some children do not exhibit symptoms until weeks, months or even years after birth however, others show symptoms the first day of life. A child can be born with a metabolic injury and not show any signs.

Is it possible that the doctors and nurses caring for me and my child did something wrong?
Yes, absolutely. During prenatal care, taking the wrong procedures can lead to birth injury. Also, improper care after birth can lead to injury of the infant.

How long do I have to file a lawsuit based on birth injury to my child?
Parental claims are still bounded by the traditional two year concept where parents have two years to file the claim. Also, the Discovery rule is still in place which states that the child has until two years after his/her 18th birthday (20 years of age) to file a claim if injury is found.

As a parent, do I have the right to sue on my own behalf if I think a medical care provider’s negligence caused my child’s injury?
Parents can sue on their own behalf if there is potential negligence of emotional distress such as a parent witnessing the injury at birth; however case is not as significant. Parents can also sue to get child’s medical expenses paid or to get out of pocket expenses covered. If mother is injured at birth, which can happen, a separate claim can be filed.

If I file a lawsuit, how long does it take to finish the law suit?
On average, it will take 36 to 42 months from the birth injury. These cases are always defended strenuously to keep the time to as close to 36 months as possible.

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