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How Long Do I Have to Sue for a Birth Injury?

by The Beasley Firm  |  May 26, 2022  |  , ,

Statute of Limitations on Medical Malpractice Cases

Pennsylvania sets a statutory limit on how long a person has to file a claim based on medical negligence. Under most circumstances, a person has two years from the date the injury is discovered or reasonably should have been discovered. Pursuant to state law, a parent would have two years to make a claim on behalf of their infant who was injured.

If a person is injured as a minor, they have two years from the date they reach the age of majority (18 years old). In effect, a minor injured at birth can file a birth injury case up until their 20th birthday. 

Failure to file a claim within the statute of limitations may bar your right to recovery, meaning you will be unable to obtain compensation on your behalf or your child’s. In order to fully understand Pennsylvania’s complex medical malpractice laws, it is essential to discuss your case with an attorney. 

How Long Does a Birth Injury Case Take? 

In some cases, it may be possible to come to a settlement with the hospital in just a few months. However, taking the case to a jury trial could take years before reaching a resolution. Dealing with such a traumatic event, no matter how long it takes in court, is always extremely difficult for any family to endure.

The length of time involved in a birth injury lawsuit depends on numerous factors. The complexity of the medical evidence can either delay or expedite the trial process. Additionally, if both parties are open to negotiation, a settlement might be reached more quickly. However, if parties are not willing to reach an agreement and must go to court, then the case may take much longer as it goes through the legal system. 

Taking Time to Grieve After a Birth Injury

Without question, birth injuries are one of the most difficult things that can happen to an infant. The grieving process can be long and difficult. It is imperative that you take time to grieve and understand that you do not have to go through this alone.

An attorney can help provide you with the resources and information you need to make the right choice for you and your loved ones. If you decide to pursue a lawsuit against a negligent medical provider, your attorney will guide you through the process, helping you every step of the way.

Hiring an Experienced Attorney

An injury to a child is never easy; it can be unbearable when that injury is caused by medical malpractice. If you suspect that your infant sustained a birth injury, you might be entitled to compensation. It is important to discuss your case with an attorney to determine your legal options and how long you have to file a claim against any liable party.

For nearly six decades, the attorneys at The Beasley Firm have been representing families in birth injury claims. We have secured hundreds of millions of dollars on behalf of injured parties, including two of the largest medical negligence verdicts in the state's history. If your child suffered an injury at birth, contact our office at (215) 866-2424 for a free consultation.

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