The birth of your child should be one of the happiest times of your life. However, if your child suffers an injury that leaves them with a lifetime of pain, disabilities, special needs and medical expenses, it can turn into a nightmare.
If your child’s birth injuries are the result of your healthcare provider’s negligence, you may be able to hold them accountable. As with most lawsuits, there is a specific time frame to file a birth injury case. If you wait too long you may not ever be able to seek compensation in court.
What is a statute of limitations?
A statute of limitations defines the period that the law sets for filing a lawsuit. Each type of case has a different set of deadlines. The court will automatically dismiss any case filed after the statute of limitations has run out, no matter how valid it is.
What is the statute of limitations for birth injuries in Pennsylvania?
Not all birth injuries are apparent at birth. Many take months or even years to be fully apparent. For that reason, Pennsylvania has an extended statute of limitations for birth injury claims.
In Pennsylvania, the statute of limitations for a standard medical malpractice case is two years. However, Pennsylvania law created an exception to that statute of limitations for birth injury claims, permitting you to file a birth injury lawsuit up until the child’s 20th birthday.
If you believe that your child suffered an injury during childbirth due to the negligence of someone on your healthcare team, you have until your child’s 20th birthday to bring a lawsuit against them.