Any major delay with a child reaching specific milestones in their development, including walking, talking, learning, language, or social skills, may be categorized as a developmental delay. These delays may have been caused by complications during the labor or delivery of the baby. In some cases, the child may simply be slower than other children in acquiring these skills; however, it may also be a sign of a birth injury, particularly a brain injury.
Developmental delays may also be attributed to genetic disorders passed from the mother or father to the child, or could be the result of drug or alcohol abuse by the parent. Some developmental delays may not be so easily traceable to a root cause.
The first few years of the child are critical to detecting the developmental delay and taking action. If developmental delays are not detected or treated during these early years, the child will have a more difficult time learning these skills later in life. Also, if medical negligence or medical malpractice from the doctor, nurse, or medical staff was responsible, there is a statute of limitations which may limit the time for the family to take legal action and receive proper compensation to help them address the developmental delay. In California for example, while most statute of limitations limit the time a victim of medical malpractice may take action to one year from the time the action was discovered or should have been discovered, for children below the age of six, the amount of time is extended to three years. There are even specific circumstances where this time frame may be extended for even longer. However, with the amount of time it may take to discover a developmental delay, the statute of limitations poses a tough challenge for a family of a child who is experiencing a developmental delay.
Some developmental problems may require a life time of care to be provided for the child, therefore, if medical negligence by a doctor, nurse, obstetrician, or other medical professional was the cause, the family should be compensated for this lifetime of medical care and expenses. While no parent wants to admit their child may have a developmental delay, if you discover a developmental delay, and you suspect a medical professional or medical facility may have been the cause, you should consult with a professional medical malpractice attorney who specializes in birth injuries and developmental delays.
