If you know or suspect you have a medical malpractice claim related to cerebral palsy in Pennsylvania, you need to know the statute of limitations on cerebral palsy cases. A statute of limitations is a law that imposes a deadline for taking certain types of legal action. Here’s what you need to know about how long you have to file a claim, possible exceptions to the standard deadline, and how a Pennsylvania medical malpractice attorney can help.
What Is the Cerebral Palsy Lawsuit Statute of Limitations?
Pennsylvania law sets a strict deadline for filing medical malpractice lawsuits. In most cases, the statute of limitations gives you two years from the date of the alleged malpractice to file a lawsuit. If you believe medical negligence caused your injury, you must take legal action within this timeframe.
This deadline applies to claims against doctors, nurses, hospitals, and other medical providers. If you do not file your lawsuit within the relevant deadline, the court may dismiss your case, and you could lose your right to recover compensation. However, there are some exceptions to the statute of limitations for cerebral palsy. A lawyer can review your case and explain how the filing deadline applies.
When Claimants Are Minors
Pennsylvania law extends the filing deadline for minors in medical malpractice cases. If a child develops cerebral palsy due to a medical mistake, they have two years after they turn 18 (until their 20th birthday) to file a lawsuit in Pennsylvania. The law delays the standard two-year deadline to give minors time to pursue legal action once they become adults.
However, parents or guardians can file a lawsuit on the child’s behalf at any time before the child turns 18. Filing a claim sooner is beneficial because evidence can become harder to obtain over time. Waiting until the child is an adult can limit access to key records and witnesses. It can also delay the time when you recover the financial resources you will likely need to provide for your child. A lawyer can assess whether early legal action makes sense based on the facts of the case.
Protect Your Rights – Contact Our Cerebral Palsy Lawyers Today
If you believe medical malpractice caused your child’s cerebral palsy, contact Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C. today. Our Pennsylvania malpractice lawyers can review your case, explain your legal options, and help you take the next steps. The law limits the time you have to file a claim, so do not wait. Call us now or fill out our online contact form to arrange your free consultation.
