Will I be able to still file a lawsuit against my OBGYN even if my son erbs palsy greatly improved?
July 16, 2018
My son is 1 years old and was diagnosed with erbs palsy at birth due to his shoulder being stuck in my pubic bone. During the delivery my OBGYN had left me alone to push by myself while I was in pain for two hours and told the nurses to call her when I’m ready which I’m sure she shouldn’t have done. My son got stuck and I had a severe episiotomy Nd he wasn’t breathing Nd was considered “floppy” baby and had to be intubated and sent straight to the NICU, he also had swelling of blood on his skull where had to get X-rays . My son he has been receiving OT since he was born even to this day and his erbs palsy has greatly improved since then,l but has developmental delays such as gross motor skills , sensory issues with touching , pincher grip Nd toe walking . would I still be able to file a lawsuit ?
Were you ever given the option of a C-section? Many questions here. The statute of limitations in a medical malpractice case is 2 1/2 years. If it was a City hospital, there would be a 'notice of claim' requirement. You need to speak with a medical malpractice lawyer about this case ASAP.
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