When a newborn child comes into the world with a birth injury, families may have the ability to file a birth injury claim against the responsible medical provider. However, you won’t have unlimited time to take legal action. Pennsylvania law places strict time limits on when a medical malpractice lawsuit can be filed.
Most Philadelphia medical malpractice claims are subject to a two-year statute of limitations. This generally means that a lawsuit must be filed within two years of the date of the injury. However, birth injury cases often involve minor children and may feature an exception to the two-year deadline.
Statute of Limitations Involving Minors
When the injured person is a minor, the statute of limitations is typically paused until the child turns 18 years old. Generally, this means the child has until their 20th birthday to file a medical malpractice lawsuit.
Many parents choose to pursue a claim much earlier than the child’s 18th birthday. Birth injuries frequently involve significant medical expenses and other ongoing costs. A medical malpractice claim can help families secure the financial resources they need to cover their child’s medical treatment and other needs.
Parents may also have their own related claims, such as reimbursement for medical bills incurred before the child turns 18. These parental claims are generally subject to the standard two-year statute of limitations.
Pennsylvania Has a Discovery Rule
Not all birth injuries are immediately apparent. Some conditions, such as developmental delays or neurological impairments, may not become noticeable until months or even years after delivery.
Pennsylvania has a discovery rule that can extend the time to file a lawsuit in certain cases. Under this rule, the statute of limitations does not begin until the injured party knew (or reasonably should have known) that their child experienced an injury caused by medical negligence.
In birth injury cases, the discovery rule may apply when parents could not reasonably have discovered that a medical error contributed to their child’s condition until a later diagnosis. However, determining when the clock begins under the discovery rule can be complicated and may require legal assistance. In many cases, the discovery rule may not be necessary, thanks to the extended deadlines for injury cases involving minors.
Pennsylvania No Longer Has a Statute of Repose
Pennsylvania law used to have a statute of repose in medical malpractice cases. A statute of repose sets an absolute deadline for filing a lawsuit, regardless of when the injury was discovered.
Pennsylvania’s medical malpractice statute of repose barred claims filed more than seven years after the alleged malpractice occurred. However, the Pennsylvania Supreme Court overturned this deadline in 2019. In cases involving injuries to children, the seven-year statute of repose may not apply.
Contact a Philadelphia Birth Injury Lawyer for Help Starting Your Claim
If your child suffered a birth injury in Pennsylvania, you should consider taking action right away, before you ever experience issues with the statute of limitations. An experienced Philadelphia birth injury lawyer can identify the relevant deadlines and help you comply with all time limits in your case.
Contact Morris Wilson Knepp Jacquette, P.C. today to schedule a free consultation to discuss your legal options.