Question:
If my child was injured at birth in PA, does the two-year time limit start when they are born or when they turn 18?
The Short Answer
Technically, the time limit for the child’s claim does not start until they turn 18. Under Pennsylvania’s “Minor’s Tolling Statute,” a child injured at birth generally has until their 20th birthday to file a lawsuit for their own pain, suffering, and future losses.
HOWEVER, DO NOT WAIT. There is a catch. The claim for your child’s medical bills before they turn 18 usually belongs to you (the parents), not the child. The “Parents’ Claim” generally has a strict 2-year deadline from the date of the injury. If you wait until the child is older, you may be permanently barred from recovering the millions of dollars spent on their NICU care, surgeries, and therapy during childhood.
The “Two Clocks” Problem
In birth injury cases, there are effectively two different legal clocks ticking at the same time:
- The Parents’ Clock (2 Years): You, as the parents, are responsible for the medical bills. Therefore, the claim to be reimbursed for those bills belongs to you. In Pennsylvania, this claim typically expires 2 years from the date of birth.
- The Child’s Clock (Starts at 18): The claim for the child’s own pain, suffering, and future lost wages is “tolled” (paused) until they become a legal adult.
Why Waiting Destroys Cases (Even if You Have Time)
Even though the law gives the child until age 20, waiting that long is often fatal to the success of the case. In our experience handling catastrophic birth injuries (like Hypoxic-Ischemic Encephalopathy or Cerebral Palsy), evidence disappears fast.
- Fetal Monitor Strips: These paper or digital records are the “black box” of the birth. Hospitals are only required to keep them for a certain number of years. If you wait 10 years, the specific strip proving the baby was in distress may be “purged.”
- The Placenta: Pathology on the placenta can prove whether an injury was genetic or caused by oxygen deprivation during delivery. This evidence is destroyed shortly after birth unless a lawyer orders it preserved.
- Memory Fade: Nurses and doctors retire or move. Ten years from now, no one will admit to remembering that the doctor was rushing or that the heart rate monitor was ignored.
Investigating “Hidden” Injuries
Sometimes, parents don’t know immediately that a mistake happened. The baby might just seem “floppy” or have delayed milestones. If your child receives a diagnosis of Cerebral Palsy (CP), Erb’s Palsy, or Developmental Delays years after birth, the Discovery Rule may allow us to investigate even if the 2-year mark has passed.
The Bottom Line: While the child has time, the evidence does not. An investigation costs you nothing, but waiting could cost your child their financial future.