A number of things can go wrong during childbirth, putting your baby at risk of temporary or permanent injury. If your child has suffered a birth injury due to the action or inaction of a medical care provider, you may be able to file a medical malpractice lawsuit and recoup the costs associated with long-term treatment and rehabilitative care.
However, Arizona law limits how long families have to file a claim.
Understanding those time limits, known as the statute of limitations, is one of the most important steps in protecting your child’s rights.
When preventable mistakes occur, the law allows families to hold negligent medical professionals accountable. Knowing your legal timeline can make all the difference between securing justice and losing the right to file a claim.
Understanding Arizona’s Statute of Limitations for Birth Injury Cases
Under Arizona law (A.R.S. § 12-542), medical malpractice cases, including birth injury lawsuits, must generally be filed within two years from the date of the injury.
For some families, the harm is clear right away. Parents might notice broken bones, nerve damage, or breathing problems immediately after birth. In those cases, the two-year window typically begins at the time of the injury or diagnosis.
But not every injury is visible in the delivery room. Some children may seem healthy at first but later show developmental delays, learning difficulties, or physical symptoms linked to a birth injury. When that happens, Arizona’s discovery rule allows families more time to take action.
In Arizona, minors have special protections under the statute of limitations. While most malpractice cases must be filed within two years, children injured at birth have until two years after their 18th birthday to file a lawsuit.
However, waiting too long can make it harder to collect evidence or locate witnesses. Records can be lost, and memories fade over time. It is always best to have an attorney evaluate your case as early as possible so that your legal team can preserve key medical evidence.
The Discovery Rule: When You Couldn’t Have Known
The discovery rule pauses the statute of limitations until the injury could reasonably have been discovered. This rule recognizes that some injuries, such as brain damage or cerebral palsy, may not become evident until months or years later.
For example, a child may appear healthy after birth but later miss milestones like sitting up, walking, or talking. If a doctor later confirms that these issues stem from oxygen deprivation during delivery, the statute of limitations begins at that point of discovery.
Still, these cases are complex. Determining when a parent “should have known” about an injury often requires medical and legal analysis. That is why it is critical to speak with an attorney as soon as you suspect negligence.
No Damage Caps and No Sovereign Immunity in Arizona
Some states limit how much money victims of medical malpractice can recover, but Arizona does not have damage caps. Families can seek full compensation for medical costs, therapy, long-term care, and pain and suffering.
Arizona also does not have sovereign immunity, which means families can file lawsuits against hospitals or medical facilities owned by government entities, such as county or state-run hospitals. These protections ensure that Arizona families have access to justice regardless of where the negligence occurred.
What You Must Prove in a Birth Injury Medical Malpractice Case
To succeed in a birth injury lawsuit, families must show that a medical professional failed to meet the accepted standard of care. This standard represents how a reasonably careful provider with similar training would act in the same situation.
For example, failing to monitor fetal heart rate, delaying a C-section, or misusing delivery tools like forceps can all fall below the standard of care.
Building a strong malpractice case requires detailed investigation and expert support. Families and their attorneys must gather clear evidence that connects the medical error to the injury. This often includes:
- Expert testimony from qualified medical professionals
- A review of prenatal, labor, and delivery records
- Documentation showing how the medical team’s actions (or inaction) directly caused harm
In some cases, expert witnesses may recreate the delivery timeline to show what should have happened compared to what actually occurred. For example, a delayed C-section during signs of fetal distress, improper use of forceps, or failure to monitor the baby’s heart rate can all fall below the standard of care and lead to life-altering injuries.
Common Types of Birth Injuries
Some birth injuries heal over time. Others result in lifelong challenges that require ongoing care, rehabilitation, and support. Among the most common injuries we see in Arizona cases are:
- Cephalohematoma (bleeding under the scalp)
- Facial paralysis from improper forceps use
- Subconjunctival hemorrhage (eye bleeding)
- Fractured clavicle or collarbone
- Brachial plexus or Erb’s palsy
- Cerebral palsy from oxygen deprivation
- Forceps or vacuum-related bruising
While some injuries may only cause temporary discomfort, others have permanent effects on mobility, cognitive function, and overall development. If negligence played a role, you have the right to pursue a claim to help cover your child’s medical and lifelong care needs.
Is Your Family Facing a Birth Injury in Phoenix?
If your baby suffered harm during childbirth, you deserve both answers and justice. The medical malpractice attorneys at Miller Kory Rowe understand that a birth injury does not just change one life, it affects the entire family.
We know you are not only looking for financial recovery but also for accountability and peace of mind. Our legal team approaches every case with empathy and strength, helping families throughout Phoenix and across Arizona uncover the truth.
If you are facing a serious injury and unsure what comes next, reach out to our team. We will explain your options, handle the process, and stand beside you until justice is done.
With offices in Tucson and Phoenix, our firm is uniquely positioned to serve clients across the state of Arizona.
Need help navigating a difficult case? The attorneys at Miller Kory Rowe offer skilled, compassionate support right here in Arizona. Contact us today at (602) 654-1095 for a free initial consultation and review of your case.
How Miller Kory Rowe Helps Arizona Families
Birth injury cases are among the most complex forms of medical malpractice litigation. They require a deep understanding of both medical science and Arizona law. At Miller Kory Rowe LLP, our attorneys work with trusted medical experts to investigate every detail, from labor monitoring records to hospital protocols.
Our team knows how overwhelming it can feel to navigate the aftermath of a birth injury. We make the process as easy as possible, offering flexible appointments and home or hospital visits when needed.
FAQs About birth injury in arizona
Q: Can I sue a government-owned hospital for malpractice?
Q: What compensation can families recover?
Q: Do I need medical experts for a birth injury case?
Q: Does Arizona have a cap on medical malpractice damages?
Q: What if my child’s injury appeared years later?
Bottom Line
When a birth injury is caused by medical negligence, families deserve answers and accountability. But strict deadlines mean that time is not on your side.
If you believe your child was injured at birth due to medical malpractice, do not wait to learn your options. The Phoenix birth injury attorneys at Miller Kory Rowe have the experience, compassion, and commitment to guide you through this difficult process.
