When parents discover that their child may have suffered a birth injury, life can feel like it has been turned upside down. Doctor visits, therapy sessions, and unanswered questions often dominate daily life. In the middle of all this, legal deadlines are easy to overlook. Yet those deadlines, known as statutes of limitation, determine whether a lawsuit can even be filed. Missing them could mean losing the chance to hold a negligent provider accountable.
In Pennsylvania, the rules around statutes of limitation are not as straightforward as they might seem, especially when the injured person is a child. The law makes some important exceptions for minors, but families should not assume that time is on their side. If you have questions about how these rules apply to your child’s situation, the attorneys at Latona Law can provide guidance. Reach out today for a free consultation to learn how we can help protect your child’s future.
What Families Should Know About Statutes of Limitation
A statute of limitation is simply the legal deadline for filing a birth injury lawsuit. Every state has its own rules, and Pennsylvania is no different. The idea is to encourage people to bring claims while evidence is still available and memories are fresh. Without such limits, lawsuits could be filed decades after the event, which would be unfair to both sides.
In most Pennsylvania medical malpractice cases, the time limit is two years. That two year period begins when the injury occurs or when the patient reasonably should have discovered the injury. Birth injury cases, however, bring unique challenges. Parents may not realize right away that a doctor or hospital made a mistake. Some conditions, such as brain injuries or developmental delays, may not become apparent until years later.
How Pennsylvania Law Treats Children Differently
Pennsylvania recognizes that children cannot be expected to protect their own legal rights. Because of this, the law extends the time a minor has to bring a claim. For birth injuries, the clock does not usually begin until the child turns eighteen. From that point, the young adult generally has two years to file, meaning the deadline typically falls on their twentieth birthday.
This extension can be critical for families, but it can also create confusion. Parents sometimes believe they can wait until their child is nearly an adult before seeking legal help. That assumption can be dangerous. While the child’s personal injury claim may be preserved until adulthood, the parents’ claims for medical expenses or other financial losses may still be limited to the regular two year deadline.
Consider how many medical records, bills, and witnesses may be involved in a complicated birth injury case. Waiting a decade or more can make it much harder to track down the evidence needed to build a strong claim. This is why attorneys often advise parents to act quickly even though the law provides extra time for the child.
Why Taking Early Action Is So Important
It might be tempting to wait until your child is older before thinking about legal action. After all, caring for a child with special medical needs can be overwhelming on its own. But delaying can create problems that are difficult to fix later.
Hospitals do not keep records forever. Staff members who were present during delivery may move, retire, or simply forget key details. Even parents’ own memories of what happened in the delivery room can fade. On top of these practical challenges, waiting also prolongs the emotional stress that families carry when questions remain unanswered.
By seeking legal advice early, parents give themselves the best chance to preserve evidence and strengthen their case. They also gain peace of mind knowing that someone is working to safeguard their child’s rights. At Latona Law, our birth injury attorneys focus on medical malpractice and birth injury cases throughout Pennsylvania. We help families gather records, consult medical experts, and prepare claims before deadlines become an obstacle.
Protecting Your Child Starts Today
Legal rules about timing may sound technical, but they play a powerful role in whether families receive justice. In Pennsylvania, children have more time than adults to file a lawsuit, but waiting too long can still make it harder to prove what happened. Evidence can be lost, witnesses can disappear, and the path forward may become far more difficult.
If you suspect your child’s birth injury was caused by medical negligence, do not wait until time is running out. Contact Latona Law today for a free legal consultation. We will listen to your story, explain how the statute of limitation applies to your case, and work with you to protect your child’s future.