My daughter's left eye was damaged at birth by the use of forceps,. she now needs surgery,

Asked almost 3 years ago - San Rafael, CA

should the delivery doctor pay for causing her injury?

Additional information

my daughter is now 2.5 years old and i am having to take her to eye appointments and surgry is the next step. i don't have money to pay for this. is the doctor responsible? My daughter is 2 1/2 years old, not 25. Sorry for the decimal point.

Attorney answers (4)

  1. Joseph Jonathan Brophy

    Contributor Level 19

    Answered . Since your daughter is now 25 years old the statute of limitations will almost certainly bar her suit. I am not active in CA but I am 99% certain that any medical malpractice attorney in CA will confirm this.

  2. Joseph Jonathan Brophy

    Contributor Level 19

    Answered . I am confused whether I misread the question before or whether it was edited. In any case, you should talk to a medical malpractice lawyer in your area. Birth injury cases are among the most difficult to win, but if the injury is serious it is worth looking into. The type of injury you describe from forceps is very unusual. For that matter, forceps are rarely used today.

  3. Christian K. Lassen II


    Contributor Level 20


    Lawyer agrees


    Answered . Negligent use of forceps cause many injuries at birth. Contact a medical malpractice lawyer to discuss.

    Click on name or picture to see profile page.
  4. Jeffrey Mark Adams

    Contributor Level 20

    Answered . Please follow the advise of the other contributors and contact a medical malpractice attorney. Search Avvo, call your state's trial lawyers association, ask someone you trust and respect for recommendations. Interview the attorneys and look to retain the one you are most comfortable with and confident in. Good luck.

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