How Long Do You Have to File a Birth Injury Claim in Pennsylvania?

A birth injury is one of the most devastating things that can happen when welcoming a new child into the world. What is supposed to be a time of joy and rejoicing, quickly becomes a time of fear and worrying for the future. Many birth injuries could have been avoided, and are actually caused by negligence on the part of a medical professional. In cases like this, a birth injury claim can help you obtain compensation that can help mother or child deal with the consequences of the birth injury. However, you do not have an unlimited amount of time to file your claim. Usually, there is a strict deadline. Exactly how long you have to file a birth injury claim will vary from state to state. For the purposes of this guide, we will be focusing on Pennsylvania.

Pennsylvania’s Time Limits for Medical Malpractice Claims

A birth injury claim is a type of medical malpractice claim. In Pennsylvania, medical malpractice claims have a statute of limitations of 2 years governed by Section 5524. However, the clock does not begin ticking the second the injury occurs. Instead, it begins when the injury is discovered, or reasonably should have been discovered. This is an important distinction because contrary to what many people might believe, birth injuries are not always obvious at the time of delivery. In fact, some birth injuries may not be discovered until years later.

It should be noted that Pennsylvania’s MCARE Act introduced a 7 year statute of repose. This meant that victims of birth injury only had 7 years from when the injury occurred in which to file a lawsuit, regardless of when the injury was actually discovered. Luckily, this rule was struck down by the Supreme Court of Pennsylvania as unconstitutional. This means that currently in Pennsylvania, you must only worry about the 2 year statute of limitations that begins when the injury is discovered.

Special Rules for Birth Injury Claims Involving Minors

Birth injuries can be interesting because in many cases the victim is a baby. Obviously, a baby cannot choose to pursue a birth injury claim. For this reason, if the victim is a minor, Pennsylvania law gives them until their twentieth birthday to file a medical malpractice claim (2 years after their eighteenth birthday). Of course, the parents may choose to file a birth injury claim on behalf of the child well before their eighteenth birthday.

What Happens If You Miss the Deadline?

Missing the deadline provided by the statute of limitations can have devastating consequences. In many cases, it will result in the court refusing to hear and rule on an otherwise potentially valid claim.For this reason, if you suspect a birth injury was the result of medical negligence, it is important that you investigate immediately. Failing to do so can easily cause serious legal complications down the line. A birth injury claim is hard enough to argue without having to argue about when the statute of limitations should have begun.

What Should Parents Do If They Suspect Medical Negligence?

If you suspect medical negligence caused a birth injury, there are some things you should do to give your claim the best chance of success in court. This includes:

● Requesting and preserving relevant medical records.

● Keeping records concerning the child’s or mother’s diagnosis, treatment, and ongoing care.

● Documenting when you first became aware of the condition and any concerns about the delivery.

● If the birth injury was to the child, you should avoid waiting until the child is older to begin investigating potential legal issues.

While this may seem like a lot of work, it is well worth it in order to ensure you get the justice you deserve.

Understanding Your Options After a Birth Injury

The best thing you can do is hire an experienced Pennsylvania birth injury attorney. They will be able to determine exactly when the statute of limitations should have begun and how much time you have to file your claim. Additionally, they will review medical records and obtain opinions from qualified medical professionals, both of which can be used to prove that the birth injury was in fact caused by medical negligence. An attorney will provide you with peace of mind and do their best to get you the compensation you are entitled to.