How long do I have to file a birth injury lawsuit in Pennsylvania?

In Pennsylvania, parents generally have two years from the date they discovered or reasonably should have discovered the injury was caused by medical negligence to file a lawsuit. However, under Pennsylvania's Minor Tolling Statute, a child has until their 20th birthday to file a birth injury claim, regardless of when the injury occurred or was discovered. To ensure you’re able to recover all relevant evidence through a thorough investigation, you should begin taking legal action sooner rather than later.

Can I still file a lawsuit if my child is now several years old?

Yes, thanks to Pennsylvania's Minor Tolling Statute, you can still pursue legal action even if your child is several years old. The law recognizes that some birth injuries may not be immediately apparent and protects children's rights to seek compensation until they turn 20.

What if my child's birth injury wasn't diagnosed until they were older?

The discovery rule protects families in cases where birth injuries aren't immediately apparent or diagnosed. The statute of limitations would begin from the date of diagnosis or when you reasonably should have known the injury was caused by medical negligence.

Does filing a complaint with the hospital affect the statute of limitations?

Filing a complaint with the hospital does not pause or extend the statute of limitations for your legal claim. A formal lawsuit must be filed within the statutory period, regardless of any ongoing hospital investigations or complaint procedures.

What should I do if I'm approaching the statute of limitations deadline?

You should contact a birth injury attorney from Anapol Weiss immediately, as we need time to review medical records and build a strong case before filing. An experienced attorney can help determine your exact filing deadline and ensure your rights are protected before time runs out.

Statute of Limitations in Pennsylvania for Birth Injury Lawsuits

Time Matters: Don't Wait to Protect Your Child's Rights in Pennsylvania

When your child has suffered a birth injury due to medical negligence, understanding your legal rights becomes crucial. It’s especially important that you understand the time limits for taking legal action. The statute of limitations in Pennsylvania for birth injury lawsuits defines how long you have to file a claim. Missing these deadlines can permanently bar you from seeking compensation that could help provide for your child's ongoing care and future needs.

While Pennsylvania law offers certain protections for children with birth injuries, navigating these legal timeframes can be complex, particularly when you're focused on caring for your injured child and adjusting to unexpected challenges. Anapol Weiss is here to help parents understand the statute of limitations for birth injury claims in Pennsylvania and ensure you’re prepared to meet this critical deadline.

The Importance of Understanding the Statute of Limitations for Birth Injury Claims in PA

Every day that passes after a birth injury can impact your ability to build a strong legal case, even if the filing deadline is years away. Medical records can become harder to obtain, witnesses' memories may fade, and crucial evidence might be lost or destroyed over time.

Understanding the statute of limitations isn't just about meeting a deadline. It's about ensuring that you have the time needed to thoroughly investigate what happened, document the full extent of your child's injuries, and hold negligent medical providers accountable. The sooner you begin exploring your legal options, the better positioned you will be to protect your child's rights and secure their future.

How the Statute of Limitations Impacts Birth Injury Lawsuits in Pennsylvania

The statute of limitations significantly impacts birth injury claims in several important ways, so you need a full understanding of the deadlines that could apply to your case.

The basic statute of limitations for medical malpractice in Pennsylvania is two years from the date an injury is discovered or reasonably should have been discovered. However, birth injury cases have special considerations.

Pennsylvania’s Minor Tolling Statute

For children, Pennsylvania's Minor Tolling Statute provides important protections. This law allows a child to file a birth injury lawsuit until their 20th birthday, regardless of when the injury occurred or was discovered. This extended timeline recognizes that some birth injuries may not be immediately apparent and can take years to fully manifest or be diagnosed.

Pennsylvania’s Discovery Rule

The "discovery rule" also plays a crucial role in determining how long you have to act. This rule means the statute of limitations doesn't begin until parents discover (or reasonably should have discovered) that medical negligence caused their child's injury. For example, if parents learn when their child is 3 years old that their developmental delays were caused by oxygen deprivation during delivery due to medical negligence, the statute of limitations would begin at that point of discovery.

While these protections exist, you should still pursue legal action as soon as possible after discovering a birth injury. Early action allows attorneys to:

Gather fresh medical evidence before records are archived or destroyed
Interview witnesses while memories are clear
Ensure access to crucial documentation
Begin building a strong case to support the family's claim
Secure compensation sooner to help with ongoing medical needs

Additionally, while the Minor Tolling Statute provides extended time for the child's claim, parents' claims for their own damages (like medical expenses you've paid) could still be subject to the standard two-year statute of limitations. As a parent, you should act within this shorter time frame to protect your own legal rights.

Learn More About the Statute of Limitations in Pennsylvania Birth Injury Lawsuits

Don't let uncertainty about deadlines keep you from pursuing justice for your child. The experienced birth injury attorneys at Anapol Weiss, led by shareholder Kila Baldwin, can review your case and clearly explain the statute of limitations that applies to your situation. The sooner you reach out, the more time our dedicated legal team has to build a strong case for your family.

We understand that this is an emotionally challenging time, and we're here to guide you through every step of the legal process while ensuring your child's future needs are protected. Don't wait until it's too late—contact Anapol Weiss today to learn more about the statute of limitations and have our experienced birth injury attorneys review your case.