What to do if I had a baby born with multiple congenital defects, many of which were not discovered until during or after birth but I had numerous prenatal ultrasounds?

My daughter died just over 5 years ago and, although doctors and nurses are not responsible for her death, I do believe they are for the delay of her diagnoses and treatments. Is it to late to file claim?

Asked on February 24, 2013 under Malpractice Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, the statute of limitations in your state is only three years for medical malpractice, so it is almost certainly too late to sue. Also, even if you could sue, bear in mind that you would have to show, by medical expert testimony (which can be very expensive) that the doctors and nurses were negligent, or careless, in order to have a chance of winning--that is, that these specific defects would have been discovered by the average medical professional in the course of the routine prenatal check ups.

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