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Is It Too Late to File a Birth Injury Lawsuit?

by The Beasley Firm  |  March 5, 2023  |  

The Statute of Limitations for Birth Injury Lawsuits in PA

Birth injuries happen far too often in the United States, what makes it even worse is that some birth injuries are not discovered until years after the child is born. Many people assume that when a birth injury is discovered years after birth it is too late to file a lawsuit. Fortunately, the statute of limitation does not begin to run until the injury was discovered or reasonably should have been discovered.

At The Beasley Firm, we are experienced birth injury lawyers here to help families understand their rights and pursue compensation for their unimaginable harm. Our lawyers are nationally-recognized, having secured record-setting recoveries for birth injury victims. If your child was diagnosed with a birth injury, contact our office at (215)866-2424 to schedule a free consultation. 

What Is the Statute of Limitation for a Birth Injury Lawsuit?

Birth injuries are generally based on medical malpractice, where a doctor, nurse, or healthcare provider has failed to provide a reasonable standard of care. Pennsylvania allows families two years to file a claim based on medical malpractice.

However, the statute of limitations does not begin to run until the injury was discovered or should have reasonably been discovered. Therefore, if your child’s birth injury was not diagnosed until they were 3 years old, you may still have a valid claim for damages. 

Due to the complex nature of these cases, it is always in your best interest to consult with a birth injury lawyer

What Is the Statute of Limitation for a Minor?

The statute of limitation for a minor to bring a claim based on medical malpractice is also two years but it only starts to run once the child reaches 18 years of age. Therefore, a minor may bring a cause of action for medical malpractice based on a birth injury until they reach 20 years old. 

What If a Child Died as a Result of Birth Injuries?

The parents of a child who died as a result of their birth injuries have two years to bring a lawsuit based on wrongful death. It is important to file a cause of action as quickly as possible to ensure that you meet all statutory requirements. 

Are Statutes of Limitations the Same Nationwide?

The amount of time you have to file a birth injury lawsuit differs depending on the state. Each state has the power to establish its own set of procedural rules related to civil lawsuits. However, there is a federal statute of limitations related to claims brought under the Federal Torts Claim Act. Generally, birth injury victims have two years to file a claim under this act against a government entity or agency. 

When Should I Hire an Attorney?

If you suspect that your child suffered trauma at birth or was diagnosed with a birth injury, you need to consult with an attorney. In most cases, the earlier you retain an attorney the better chances you have at receiving the compensation you and your family deserve. 

Birth injury cases can be challenging to prove. Speaking to an attorney as soon as possible can help give them time to investigate the claim and provide you with your legal options. They will often work with a team of medical experts to help build your case. 

Did Your Child Sustain a Birth Injury?

If your child suffered a birth injury, contact our office at (215)866-2424 to schedule a free, no-obligation consultation. There are no fees unless we win.

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