Birth injury victims are given new hope, in a stunning example shown by Kristy and Toby Haferman, former West Baraboo citizens who now reside in suburban Dallas. The Hafermans stated that their 14 year-old son had developed cerebral palsy as a result of malpractice in his delivery: he had been denied oxygen. They filed the lawsuit against Dr. Donald Vangor of St. Clare Hospital, the Physicians Insurance Company of Wisconsin and the Wisconsin Hospital Association in 2002.
A divided state Supreme Court ruled Friday that the state Legislature hasn’t set clear deadlines on when developmentally disabled children can sue doctors for malpractice. Reversing a ruling by the 4th District Court of Appeals, the court said in a 4-3 decision that state statutes governing malpractice suits filed for children conflict one another. This decision permits the Hafermans to continue their lawsuit.
The Hafermans’ attorney, Richard Shulz, said that the ruling means any developmentally disabled child or adult can file a malpractice lawsuit any time, “It kind of rules that class of people out of the statute of limitations,” Schulz said. “It’s a big win.”
The Hafermans’ lawsuit went first to Sauk County Circuit Judge Daniel George. He said three different statutes could apply in the case:
- One says actions against health care providers must begin within three years of the injury.
- Another says children must bring malpractice claims within three years or by the time they are 10 years old, whichever is later. However, that statute doesn’t apply to children with developmental disabilities.
- Yet another says if disabled people are minors, they can bring a lawsuit within two years after the disability ends — but that doesn’t apply to children’s claims against health care providers.
Are you looking for a birth injury or medical malpractice lawyer? Try Harvey L. Walner & Associates, LTD in Chicago, Illinois.
