If your child suffered a birth injury due to medical negligence, you may be entitled to compensation—but your time to take legal action is limited. In Pennsylvania, birth injury claims fall under the broader category of medical malpractice law, which has strict deadlines for filing a lawsuit. Understanding the statute of limitations is critical to protecting your rights and ensuring your child’s future is secure.
For birth injuries involving a minor, Pennsylvania law allows for a longer filing window than typical medical malpractice claims. Under Pennsylvania’s tolling provision, the statute of limitations is paused—or “tolled”—until the child reaches the age of 18. Once the child turns 18, they then have two years to file a claim. This means a birth injury lawsuit on behalf of the child must be filed by their 20th birthday.
Parents may also have a separate right to file a claim for damages they incurred, such as emotional distress or out-of-pocket medical costs. These claims are not tolled and are subject to a two-year statute of limitations from the date the injury occurred or was reasonably discovered. This is where Pennsylvania’s “discovery rule” may apply—if the injury wasn’t immediately apparent, the clock starts when the injury was or should have been identified.
Because birth injury cases are complex and often involve extensive medical records, expert testimony, and long-term planning, it’s crucial to act quickly. Waiting too long could result in your case being dismissed, even if you have a strong claim.
Birth Injury Lawsuit
At Pisanchyn Law Firm, our attorneys have years of experience handling birth injury and medical malpractice cases throughout Pennsylvania. We offer free consultations and never charge fees unless we win your case. If you believe a medical error caused your child’s injury, don’t wait. Contact us today to protect your legal rights and begin the process of securing the justice your family deserves.
