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Can I sue the hospital or doctor for the death of my child that was born in oct. 8, 1999?

Birmingham, AL |

I went in for a regular doctors appointment two weeks earlier before I had her, on that day my physician did the regular check up and stated my water broke and it was leaking, they then admitted me in the hospital I was there for 2 weeks while my water was leaking the whole time, but they insured me that the baby needed to stay in my stomach. One nurse came in and checked on me and the baby but when she did everything was wrong, the baby did not have a heart beat nor any fluid, so she called in more nurses and the doctor to see what had happen. Come to find out I had set-up a infection from the time my water had broken, but the doctor would not delivery me. So she past away, its been 13 years ago, I was so upset about it I have not been able to get preg. anymore. we have tried but I cant.

Attorney Answers 4

Posted

You had 2 years to file in your state.

The answer does not create an attorney-client relationship and is for informational purposes only.

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Posted

I'm sorry for the loss of your child. Unfortunately, Alabama has a two year statute of limitations on medical malpractice claims. This means you have two years from the death of your child to file a lawsuit or settle your claim with the doctors. In certain circumstances, the law allows for four years but not 13 years. I'm afraid you have waited to long to pursue any claim. I pray for your recovery and well being.

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Posted

Medical malpractice actions must be commenced within 2 years or, if not immediately discovered, within six months of the date the injury was or should ahve been discovered. Medical malpractice actions may not be filed more than four years after the date of the act or omission giving rise to the injury. For minors, all actions must be brought within four years regardless of the age of the victim, unless the victim is less than four years old in which case the action may be filed at any time before the victim's eighth birthday.

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Posted

I am very sorry for your loss. The Alabama attorneys on this panel know the specific restrictions and they appear to conclude that it is too late to bring a claim. I hope you are able to heal emotionally.

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